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HomeMy WebLinkAboutAquifer Protection (1990-1999) • May 24, 1999 Renton City Council Minutes 'Page 192 CAG: 99-059, South Renton City Clerk reported bid opening on 5/18/99 for CAG-99-059, South Renton Sanitary Sewer Replacement Sanitary Sewer Replacement(Phase 2); ten bids; engineer's estimate (Phase 2),Gary Merlino $1,447,879.09; and submitted staff recommendation to award the contract to the low bidder,Gary Merlino Construction Co.,in the total amount of $1,180,783.04. Council concur. Human Services: 1998 Local Human Services Division recommended setting a public hearing on June 7, Law Enforcement Block Grant 1999 on the 1998 Local Law Enforcement Block Grant. Council concur. CAG: 97-099,Monster Road Transportation Systems Division submitted CAG-97-099,Monster Road Bridge Replacement,CA Bridge replacement; and requested approval of the project, commencement of Carey 60-day lien period, and release of the retainage bond to C.A. Carey Corp., contractor, if all required releases are obtained. Council concur. CAG: 98-029, 1998 Street Transportation Division submitted CAG-98-029, 1998 Street Overlay project; Overlay,MA Segale and requested approval of the project, authorization for final pay estimate in the amount of$19,198, commencement of 60-day lien period, and release of retained amount of$18,863.01 to M.A. Segale, Inc., contractor, if all required " releases are obtained. Council concur. CAG: 98-096, Scour Transportation Division submitted CAG-98-096, Scour Remediation for the Remediation for May Creek May Creek Bridge&Oakesdale Ave. SW Drainage Ditch Culvert; and Bridge&Oakesdale Drainage requested approval of the project,commencement of 60-day lien period, and Ditch Culvert,Kohl release of retained amount of$1,810.06 to Kohl Excavating, Inc., contractor, if Excavating all required releases are obtained. Council concur. CAG: 98-090,Willams Transportation Division submitted CAG-98-090,Williams and Wells Avenues &Wells Avenues Bridge Bridge Painting; and requests approval of the project, commencement of 60- Painting,A&A Coatings day lien period, and release of retained amount of$4,794.58 to A&A Coatings, Inc.,contractor, if all required releases are obtained. Council concur. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Council President King Parker presented a Committee of the Whole report Committee of the Whole regarding work required in the former city hall building. The Committee of the Parks: Former City Hall Whole recommended concurrence in the staff recommendation to proceed with Repair and Remodeling the repair and remodeling work necessary to improve the condition of the former city hall. This work will be subject to the guidelines contained in the staff report on this subject. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Vice Chair Schlitzer presented a majority committee report Public Works: Tony's regarding Tony's Cleaners business relocation incentive. The Committee met Cleaners Relocation twice to consider the request from Tony's Cleaners for an increase in business Assistance(Aquifer Protection relocation incentive and for the disbursement of payment prior to incurring Regulations) relocation expenses. A majority of the Committee recommended the following: • 1. Not authorize an increase in the total relocation incentive from the current maximum limit of$60,000; and 2. Not disburse the relocation incentive payment until the applicant submits verification of relocation expenses. As an alternate, the City can deposit the remaining balance of relocation incentive funds into an escrow account. The funds can only be disbursed to cover the costs incurred by the applicant as allowed by the administrative rule for the business relocation assistance program. The estimated remaining relocation funds balance is $36,000. May 24, 1999 Renton City Council Minutes Page 193 The City's offer of the$60,000 payment is an incentive for business owners to expedite the relocation of their business out of Zone 1 of the Aquifer Protection Area by the end of 1999,thereby reducing the risk of contamination of the aquifer. The relocation incentive was not intended to compensate for all relocation costs or to buy out existing businesses. Staff will work with the applicant and the applicant's lending institution to assure that funds are available for use consistent with City Code and with the administrative rules regarding the business relocation assistance program. All agreements related to the disbursement of funds will be subject to the review and approval of the City Attorney. (The minority committee report follows.) Public Works: Tony's Utilities Committee Chair Clawson presented a minority committee report Cleaners Relocation regarding Tony's Cleaners business relocation incentive. The Committee met Assistance(Aquifer Protection twice to consider the request from Tony's Cleaners for an increase in business Regulations) relocation incentive and for the disbursement of payment prior to incurring relocation expenses. A minority of the committee recommended the following: 1. Authorize an increase in the total relocation incentive from the current maximum limit of$60,000 to $74,000; and 2. Not disburse the relocation incentive payment until the applicant submits verification of relocation expenses. As an alternate,the City can deposit the remaining balance of relocation incentive funds into an escrow account. The funds can only be disbursed to cover the costs incurred by the applicant as allowed by the business relocation assistance program administrative rules. With Council concurrence,the Chair further requested that the Administration prepare an ordinance for Council's consideration that would amend the City Code to raise the maximum relocation incentive to$74,000. (See later this page for Council action on the majority committee report.) Councilman Clawson felt that the proposal to increase the funds paid to Tony's Cleaners from$60,000 to$74,000 was reasonable and a fairly good solution to this situation. He emphasized that the$14,000 under discussion,while not a large amount to the City,would nonetheless be of great consequence to the owners of Tony's. Councilman Parker said although he supported the minority committee report when this matter was first brought before Council two weeks ago,he now believed that it was a question of fairness. Noting that all the businesses who were potentially affected by the Aquifer Protection regulations were given the same information describing the relocation incentive program,he added that the City has allowed businesses plenty of time to relocate under this program. Mr.Parker concluded that he now supported the majority committee report. MOVED BY SCHLITZER, SECONDED BY KEOLKER-WHEELER, COUNCIL APPROVE THE MAJORITY COMMITTEE REPORT.* Responding to Councilman Edwards, Councilmember Keolker-Wheeler confirmed that one condition of the administrative rule on this matter states that Tony's must maintain a business presence in Renton in order to qualify for the incentive program. The owners can accomplish this by simply having a"drop shop"where customer orders continue to be processed although the actual drycleaning is done elsewhere. *MOTION CARRIED. Planning&Development Planning&Development Committee Chair Keolker-Wheeler presented a report APPROVED BY CITY COUNCIL p UTILITIES COMMITTEE Date 5-2c MAJORITY COMMITTEE REPORT May 24, 1999 Tony's Cleaners Business Relocation Incentive (Referred March 22, 1999 and May 3, 1999) The Committee met twice to consider the request from Tony's Cleaners for an increase in business relocation incentive and for the disbursement of payment prior to incurring relocation expenses. A majority of the Committee recommends the following: 1. Not authorize an increase in the total relocation incentive from the current maximum limit of $60,000. 2. Not disburse the relocation incentive payment until the applicant submits verification of relocation expenses. As an alternate, the City can deposit the remaining balance of relocation incentive funds into an escrow account. The funds can only be disbursed to cover the costs incurred by the applicant as allowed by the administrative rule for the business relocation assistance program. The estimated remaining relocation funds balance is $36,000. The City's offer of the $60,000 paymentis an incentive for business owners to expedite the relocation of their business out of Zone 1 of the Aquifer Protection Area by the end of 1999,thereby reducing the risk of contamination of the aquifer. The relocation incentive was not intended to compensate for all relocation costs or to buy out existing businesses. Staff will work with the applicant and the applicant's lending institution to assure that funds are available for use consistent with City Code and with the administrative rules regarding business relocation assistance program. All agreements related to the disbursement of funds will be subject to the review and approval by the City Attorney. l/ ° / - / /fr: -Tim Schlitzer e ' air / 7 ict,/ /0...e- t64 - ijkzeig-L.,' Kathy K1ker-Wheeler,Member cc: a n 6i1/ Gregg Zimmerman Lys Homsby t t TonyClnr.rpt\CoR Not APPROVED BY CITY COUNCIL Date UTILITIES COMMITTEE Minority COMMITTEE REPORT • May 24, 1999 Tony's Cleaners Business Relocation Incentive (Referred March 22, 1999 and May 3, 1999) The Committee met twice to consider the request from Tony's Cleaners for an increase in business relocation incentive and for the disbursement of payment prior to incurring relocation expenses. A minority of the Committee recommends the following: 1. Authorize an increase in the total relocation incentive from the current maximum limit of $60,000 to $74,000. 2. Not disburse the relocation incentive payment until the applicant submits verification of relocation expenses. As an alternate, the City can deposit the remaining balance of relocation incentive funds into an escrow account. The funds can only be disbursed to cover the costs incurred by the applicant as allowed by the business relocation assistance program administrative rules. With Council concurrence, I would request that the Administration prepare,an ordinance for a code amendment, for consideration by the City Council,to raise the maximum relocation incentive to$74,000. 61z--Y%\ Dan Clawson,Chair cc: ...-1e4-2aAingtnr Gregg Zimmerman Lys Hornsby TonyClnr.rpt\CoR 7W a,Le� t ,`- CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 11, 1999 TO: King Parker,President Members of the Renton City Council CITY OF RENTON VIA: Jesse Tanner,Mayor Psi�,Y 1 1 1999 FROM: Gregg Zimmerman,Administrator (,.. E RECEIVED CITY CLERK'S OFFIC` STAFF CONTACT: Gregg Zimmerman(x-7311) SUBJECT: Relocation of Tony's Cleaners The subject of incentive payments for the relocation of Tony's Cleaners out of Zone 1 of the City's acquifer protection area was discussed during the May 10 City Council meeting. Concern was expressed about an administrative decision that was thought to allow relocation of the business outside of the.City of Renton while still providing the business relocation incentive payment. It was felt by several Council members that any administrative decision that would provide the relocation incentive funding for a business moving outside the City would contradict the provisions of the Aquifer Protection Ordinance. We have carefully read the subject administrative decision(copy attached,along with a copy of the Administrative Rule),and feel that it does not, in fact,contradict any provisions in the Aquifer Protection Ordinance. The administrative decision approves two proposals: 1) It allows use of the relocation incentive payments to purchase an existing dry-cleaning business in lieu of leasing a new space outside of Zone 1 of the Aquifer Protection Area. This provision was previously reviewed by the City Attorney,who agreed with staff that it is in compliance with the intent of the Ordinance. 2) It provides an administrative"code modification"that allows the relocation incentive payments to be used toward relocation outside rather than inside of the City of Renton conditioned upon the business continuing to operate at 1057 N. 1st Street in Renton as a"drop shop",i.e. items will be accepted from and returned to customers but will not be dry-cleaned at this location. We feel that item 2)complies with the provisions of the Ordinance because the business' customer service would continue to be provided to Renton residents,and the money transfer(and sales tax collection)would continue to occur in Renton. We regret that these.further facts were not presented to the Council during the discussion that occurred at the May 10 Council meeting; it was only because memory did not serve at that time. CITY ->F RENTON • Planning/Building/Public Works Department Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor January 4, 1999 Young S. and Sun Ae Bang • 105.7N 1st ST • Renton, WA 98055 SUBJECT: REQUEST FOR ADMINISTRATIVE DECISION I have reviewed your request for an exception to the aquifer protection code that would allow you to use relocation incentive payments to purchase an existing dry-cleaning business at which - to perform dry cleaning operations for your business located at 1057 N 1st ST in Renton. This would be in lieu of leasing a new space outside of Zone 1 of the Aquifer Protection Area and setting up your existing business at the new location. I have approved .your request under Section 8-8-20.0 of the code. • Purchase of an existing business will be considered an "alternate" method of meeting the intention of the code since it offers equivalent protection to the aquifer with regard to environmental protection, safety and effectiveness. The relocation incentive payment amount that the City will offer will be based on our review and approval of your estimates of relocation expenses had you relocated your existing business. We will assume that the new location would have been the same as the location of the business that you will purchase. You had previously requested a "code modification" allowing relocation incentive payments to be used toward relocation (or as approved above,toward purchase of a business) outside rather than inside of the City of Renton, as required by the code. This letter formally approves this • earlier request conditional upon your continuing to operate your existing business at 1057 N 1st ST in Renton as a "drop shop", i.e. items will be accepted from and returned to customers but will not be dry cleaned at this location. A code modification in this case is approved because of the practical difficulty of locating a suitable business to purchase within the City limits by the due date for removal of perchloroethylene (March 31, 1999). The modification will meet the objectives of environmental protection and safety required by Section 8-8-20.A of the code. • Payment of relocation incentives will occur only under the following circumstances: _ 1. You and the property owner jointly apply for and receive approval of a closure permit (application form enclosed) and agree to abide by it's conditions by March 31, 1999; 2. You enter into a Business Relocation Assistance Agreement with the City (form enclosed); 3. The City reviews and approves your relocation cost estimates; and i 4. You provide documentation that indicates that you have entered into an agreement to purchase an existing dry cleaning business. • • --- — 1055 South Grady Way - Renton, Washington 98055 Young S. and Sun Ac • January 4, 1999 Page 2 • • Should you have any questions, please contact Carolyn Boatsman at 425-430-7211. Thank you for your cooperation. Sincerely, crl �/ Gregg Zimmerman, Administrator Planning/Building/Public Works Department cc. Abdoul Gafour Lys Homsby Carolyn Boatsman • • • • • III)!V/llll!JW'fit/CARU!.YN/BANG°I99/Cli:lf BUSINESS RELOCATION ASSISTANCE PROGRAM ADMINISTRATIVE RULES AQUIFER PROTECTION AREA ZONE 1 PURPOSE The purpose of these relocation assistance provisions is to establish a uniform policy for the fair and equitable treatment of businesses being displaced as a result of the Aquifer Protection Ordinance (City of Renton Ordinance No. 4367) and to ensure that business owners have an opportunity to receive the maximum allowable compensation permitted under the ordinance. Up to the maximum amounts established, the City will reimburse reasonable and necessary moving and re-establishment. expenses as provided herein. ELIGIBILITY AND COMPENSATION A business that is required to relocate because of the presence of more than the de minimus quantities of regulated substances, on site may be eligible for relocation assistance according to the following formula and schedule: a) For relocation initiated May 1, 1993 through April 30, 1994, the City will reimburse 60% of the eligible expenses up to a maximum of $60,000. Relocation must be completed by October 31, 1994. A valid claim must be submitted by January 31, 1995. b) For relocation initiated May 1, 1994 through April , 30, 1995,. the City will reimburse 50% of the eligible expenses up to a maximum of $25,000. Relocation must be completed by October 31, 1995. A valid claim must be submitted by January 31, 1996. c) For relocation initiated May 1, 1995 through April 30, 1996, the City will reimburse 40% of the eligible expenses up to a maximum of $15,000. Relocation must be completed by October 31, 1996. A valid claim must be submitted by January 31, 1997. d) For relocation initiated May 1, 1996 through April30, 1997, the City will reimburse 30% of the eligible expenses up to a maximum of $5,000. Relocation must be completed by October 31, 1997. A valid claim must be submitted by January 31, 1998. - Relocation must be out of Zone 1 of the APA but within the City limits of Renton. PROCEDURES The procedure to obtain relocation assistance is described below. Intent to Enter Into Business Relocation Assistance Agreement The process to obtain relocation assistance is initiated by filing an Intent to Enter Into Business Relocation Assistance Agreement form with the City of Renton Water Utility. The compensation rate is determined by the year in which the applicant initiates relocation provided that relocation is completed and a valid claim is submitted by due dates contained in the agreement. Business Relocation Assistance Agreement A business owner must enter into a Business Relocation Assistance Agreement with the City in order to receive compensation. The agreement indicates the future address of the business and includes an itemized estimate of the total cost of relocation. The portion of the estimate that relates to retention of professional movers or other professional services must be based upon two itemized estimates, copies of which shall be provided to the City by the business. The City may obtain independent estimates at its discretion. The agreement will state the name of the professional mover(s) or other professional service firms to be retained for the purposes of moving or re-establishment. The City has the right to require a professional mover or other professional services if it will result in lower costs or otherwise be beneficial to the City. Proof of moving insurance must be attached to the agreement. The City will inspect the personal property to be moved prior to entering into an agreement. The City retains the right to make reasonable and timely inspections at both the displacement and replacement sites during the course of planning and executing the relocation for the purpose of verifying information supplied by the business. For firms that have a fluctuating inventory or require periodic restocking, an agreement will be made with the property owner or tenant as to the extent of inventory to be moved and the last date for restocking. No major restocking will be allowed after an agreed date. The owner must apply for and obtain a business closure permit from the City as required by the Aquifer Protection Ordinance. Closure permits are required when facilities regulated under the Ordinance cease to store, handle, treat, use, or produce regulated substances. Compliance with permit conditions ensures that regulated substances will not continue to present a risk to the aquifer after the business has closed. A closure plan filed by the business owner will describe how regulated substances will be removed from the site including legal transport and disposal. The closure plan will also describe procedures and a timetable for removal of underground storage tanks and/or remediation of contaminated soils and groundwater, if necessary. The City will enter into a Business Relocation Assistance Agreement only after the closure permit application including the closure plan are approved by the Water Utility. _Expenses incurred in developing .and implementing a closure plan are reimbursable except for removal of illegal underground storage tanks. The Relocation Assistance Agreement will specify that the business owner waive all present and future claims for damages arising out of the application of or regulation under the Aquifer Protection Ordinance. If the business owner is also the owner of the real property at the site of the business to be relocated, the Relocation Assistance Agreement will constitute purchase by and conveyance to the City of the property page 2 owners right to use more than de minimus quantities of substances regulated under the Aquifer Protection Ordinance on the property. Business Relocation Claim The business will be required to submit to the City a Business Relocation Claim form in order to receive compensation. All expenses must be claimed on one form upon completion of relocation. Original invoices and proof of payment (canceled .check, statements, wage slips, etc.) must be provided with the claim. Payment will be made upon review and approval of the eligibility of the expenses included in the claim. Payment will constitute final and full compensation for eligible expenses. Where a hardship exists, partial payment may be made in advance of relocation with the approval of the City Council. The business owner must petition the City Council in writing via the City Clerk in order to be considered for payment in advance. MOVING AND RELATED EXPENSES An eligible business is entitled to receive compensation for moving and related expenses. Expenses must be reasonable and necessary as determined by the City and may include, but are not limited to, the following: 1. Transportation of personal property to the replacement site; 2. Packing, crating, unpacking and uncrating of personal property; 3. Interim storage costs; 4. Disconnecting, dismantling, removing, reassembling and reinstalling relocated machinery, equipment and other personal property. This includes connection to utilities, modifications to the personal property necessary to adapt it to the replacement structure, the replacement site or the utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property. 5. Moving insurance for the replacement value of personal property; 6. The replacement value of property lost or damaged in the moving process where insurance covering such loss was not reasonably available and, documentation of loss and value is acceptable to the City; 7. Professional services necessary for planning the move of personal property; 8. The reasonable cost incurred in attempting to sell an item that is not to be relocated; • page 3 • 9. Replacement cost for personal property than cannot be relocated but is promptly replaced with a substitute item that performs a comparable function at the replacement site; 10. Replacement cost for personal property that the business owner chooses to replace rather than relocate in the amount of the lesser of the depreciated value or selling price of the original property provided that it is promptly replaced with a substitute performing a comparable function at the replacement site; 11. Expenses incurred in searching for a replacement location, including transportation and reasonable salary or wages; and 12. Fees paid to a real estate agent or broker to locate a replacement site, exclusive of fees or commissions related to the purchase of such site. 13. Expenses incurred in the development and implementation of a closure plan including but not limited to legal transport and disposal of hazardous materials, removal of legal underground storage tanks, and site remediation. RE-ESTABLISHMENT AND RELATED EXPENSES An eligible business is entitled to receive reimbursement for re-establishment expenses. Expenses must be reasonable and necessary as determined by the City and may include, but are not limited to, the following: 1. Repairs or improvements to the replacement real property as required by federal, state, or local law, code, or ordinance; 2. Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business; • 3. Construction and installation costs for exterior signs to advertise the business; 4. Provision of utilities from right-of-way to improvements on the replacement site; 5. Decoration or redecoration including wall and floor surfaces and drapes or blinds; 6. Feasibility surveys and soil testing; 7. Advertisement of replacement location (direct communication with customers; advertisements in newspapers, phone books, and other reasonable sources of commercial information); 8. Professional services in connection with the purchase or lease of a replacement site, if normally paid by the purchaser, exclusive of fees or commissions related to the purchase of such site; • page 4 9. Estimated increased cost of operation during the first year of operation at the replacement site for such items as lease or rental charges, personal property taxes, real property taxes, insurance premiums, and utility charges. 10. Losses incurred as a result of early lease termination and losses or costs incurred as a result of damage deposits required as a condition of lease or rental; 11. Licenses, fees, permits, or certifications required at the new location where such cannot be transferred from the existing site; Transfer fees only where transfer is allowed; 12. Relettering signs and replacing stationary on hand at the time of the move that are made obsolete as a result of the move. INELIGIBLE MOVING AND RE-ESTABLISHMENT EXPENSES The following is a non-exclusive list of expenses or costs that are not eligible for compensation: 1. Purchase of real property; 2. Upgrading or substantially changing the business; 3. Loss of good will; 4. Lossof,profits; 5. Loss of trained employees; 6. Additional operating expenses incurred because of operating at a new location, except as provided under re-establishment expenses; 7. Personal injury; 8. Attorney fees; 9. Physical changes to. the real property atthe replacement location, except as provided under re-establishment expenses; 10. Purchase of capital assets, such as office furniture, filing cabinets, machinery or. • trade fixtures; 11. Purchase of manufacturing materials, production supplies, product inventory or other items used in the normal course of the business operation; 12. Expenses for which the applicant is eligible for reimbursement from another source. page 5 These administrative rules are adopted on ct/G1 3 I • , 1994. Z47.7 Public Works Administrator brap394 page 6 CITY OF RENTON WATER UTILITY INTENT TO ENTER INTO BUSINESS RELOCATION ASSISTANCE AGREEMENT . AQUIFER PROTECTION AREA ZONE 1 The following owner of a business located in Zone 1 of the Aquifer Protection Area intends to enter into a Business Relocation Assistance Agreement with the City of Renton. Business owner name Business owner mailing address Business owner phone number Business name Business street address Business phone number Approximate date of completion of relocation It is understood that the business must enter into a Business Relocation Assistance Agreement with the City and file an eligible claim in order to be compensated. The amount of the compensation provided by the City will be based on the date of submittal of this form provided that relocation is completed and a valid claim form is submitted by the due date shown on the Agreement. Signature of business owner Date Accepted for the City by Date h:brintent CITY OF RENTON WATER UTILITY BUSINESS RELOCATION ASSISTANCE AGREEMENT AQUIFER PROTECTION.AREA ZONE 1 The City of Renton agrees to provide financial assistance for the relocation of the following business which is located in the Aquifer Protection Area provided that a valid claim is submitted and approved. • Business name Business address(attach legal description) Business owner Relocation address (attach legal description) Rate of compensation will be % of relocation expenses up to a maximum of provided relocation is completed by and a valid claim • is submitted by Estimated cost of relocation $ (Attach itemized list of expenses including two estimates for professional movers or other professional services to be retained.) Attach proof of moving insurance. Are there any items to be relocated for which insurance cannot be reasonably obtained? If so, please describe items and explain why insurance cannot be obtained. • Last date of inventory restocking Names of movers and other professional services to be retained (may be changed if needed with City approval) • Date of approval of closure permit application • By this agreement the business owner waives all present and future claims for damages that could arise out of the application of or regulation under the Aquifer Protection Ordinance. The business owner, if also the owner of the real property at the business address above, conveys to the City the right to use more than de minimus quantities of substances regulated under the Aquifer Protection Ordinance on the property. The business owner has read the Business Relocation Assistance Program Administrative Rules and agrees to abide by its provisions • December 21, 1993 Page 2 This consists of the entire agreement. Any changes in circumstances invalidating the information affixed hereto or failure to abide by the Business Relocation Assistance Program Administrative Rules may invalidate the agreement. Business owner signature Date Water Utility Manager signature • Date Public Works Administrator signature Date Signed and sealed this day of 19 Notary Public in the State of Washington h:bragree • page 2 CITY OF RENTON WATER UTILITY BUSINESS RELOCATION CLAIM AQUIFER PROTECTION AREA ZONE 1 A claim is herewith submitted for compensation for expenses incurred in the relocation of the following business: Business name Previous address Current address Business phone number Business owner name Business owner address Business owner phone number Compensation is sought according to the terms of the Business Relocation Assistance Program Administrative Rules and the Business Relocation Assistance Agreement dated and signed by the above business owner. Attachments to this claim include: 1. original invoices and proof of payment (canceled checks, statements, wage slips) and other supporting documentation of expenses incurred; and 2. documentation of compliance with approved closure permit conditions. This constitutes the entire claim for the relocation of the above business. No further claims will be submitted by the business owner or accepted by the City. Business owner signature Date Compensation approved by the City (explanation attached as needed) $ • Water Utility signature • Date Public Works Administrator signature • Date UTILITIES COMMITTEE MAJORITY COMMITTEE REPORT May 10, 1999 Tony's Cleaners Business Relocation Incentive (Referred March 22, 1999 and May 3, 1999) The Committee met twice to consider the request from Tony's Cleaners for an increase in business relocation incentive and for the disbursement of payment prior to incurring relocation expenses. A majority of the Committee recommends the following: 1. Not authorize an increase in the total relocation incentive from the current maximum limit of $60,000. 2. Not disburse the relocation incentive payment until the applicant submits verification of relocation expenses. As an alternate, the City can deposit the remaining balance of relocation incentive funds into an escrow account. The funds can only be disbursed to cover the costs incurred by the applicant as allowed by the administrative rule for the business relocation assistance program. The estimated remaining relocation funds balance is $36,000. The City's offer of the $60,000 payment is an incentive for business owners to expedite the relocation of their business out of Zone 1 of the Aquifer Protection Area by the end of 1999, thereby reducing the risk of contamination of the aquifer. The relocation incentive was not intended to compensate for all relocation costs or to buy out existing businesses. Staff will work with the applicant and the applicant's lending institution to assure that funds are available for use consistent with City Code and with the administrative rules regarding business relocation assistance program. All agreements related to the disbursement of funds will be subject to the review and approval by the City Attorney. 07/0 ////., _.L/1 AiraL_ _dir.. .e.z / Tim Schlitzer, V c- hai 4-tkvf Kathy Ke. er-Wheeler, Member cc: Jay Covington Gregg Zimmerman Lys Homsby City Clerk TonyClnr.rpt\CoR UTILITIES COMMITTEE Minority COMMITTEE REPORT May 10, 1999 Tony's Cleaners Business Relocation Incentive (Referred March 22, 1999 and May 3, 1999) The Committee met twice to consider the request from Tony's Cleaners for an increase in business relocation incentive and for the disbursement of payment prior to incurring relocation expenses. A minority of the Committee recommends the following: 1. Authorize an increase in the total relocation incentive from the current maximum limit of$60,000 to $74,000. 2. Not disburse the relocation incentive payment until the applicant submits verification of relocation expenses. As an alternate, the City can deposit the remaining balance of relocation incentive funds into an escrow account. The funds can only be disbursed to cover the costs incurred by the applicant as allowed by the business relocation assistance program administrative rules. With Council concurrence, I would request that the Administration prepare an ordinance for a code amendment, for consideration by the City Council, to raise the maximum relocation incentive to $74,000. Dan Clawson, Chair cc: Jay Covington Gregg Zimmerman Lys Hornsby City Clerk TonyClnr.rpt\CoR CITY OF RENTON MAY 1 0 1999 RECEIVED CITY CLERK'S i?=FICE CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS ' MEMORANDUM DATE: May 7, 1999 TO: Kathy Keolker-Wheeler, Councilmember FROM: Lys Hornsby,Utility Systems Director SUBJECT: Relocation Provisions of the Aquifer Protection Ordinance Here is the information that you requested at the last Utilities Committee meeting on May 6, 1999. The Aquifer Protection Ordinance(APO) states that the"City is offering relocation incentives to existing facilities in Zone 1"that must relocate due to the APO. The APO states that the"City shall pay 60% of documented relocation expenses up to $60,000". The owner must file an application by March 31, 1999, relocation must be within the City limits,and relocation must be complete by December 31, 1999. Timing of payment and other requirements are as specified in the administrative rule. The administrative rule states that the owner must file an intent to relocate, obtain a closure permit, waive all present and future claims for damages from regulation under the APO,and submit a claim for expenses. Eligible expenses include moving, storage, professional services, re-establishment costs,- etc. Intent The relocation incentive was never intended to"compensate"for any loss. In addition,the incentive never included 100% relocation costs. It was always stated as a percentage of costs with a cap. It was the consensus of staff that encouraging businesses to move sooner rather than at the end of the ten year period was an advantage to the City. In effect,we were buying down the risk of contamination to the aquifer by providing money to move businesses out of zone 1 quickly. Status of Tony's Cleaners Tony's Cleaners did meet the deadline to file their intent to relocate. They did submit estimated relocation costs for our review. Staff determined that they were eligible for the maximum amount of $60,000. Tony's has made several requests of staff and staff has prepared materials for administrative decisions as follows: 1. Tony's was having difficulty finding an appropriate location within the City limits, so an administrative decision was made to allow relocation outside the City limits with full incentive payment. \\TS SERVER\SYS2\COMMON\H:\DIVISION.S\UTILITIE.S\DOCS\I999\4\99-367.DOC • • May 7, 1999 Page 2 • 2. Tony's was having difficulty finding a place to relocate to and requested that they be allowed to purchase another business outside of zone 1 and close the existing business. An administrative decision was made to allow purchase of another business with full eligibility for relocation payment. 3. Tony's has removed and disposed of all perc and perc contaminated equipment. The City has provided payment for this expense(approximately$19,000) out of the relocation incentive amount. 4. Tony's is pursuing a site assessment to evaluate whether the site is contaminated with perc. The • estimated cost of this assessment is $5,000. •This cost will also come out of the relocation payment. That leaves approximately$36,000 remaining for relocating or purchase of another business. Please call me at 430-7239 if you have additional questions regarding the relocation provisions of the APO. • cc: Gregg Zimmerman Abdoul Gafour May 10, 1999 Renton City Council Minutes Page 165 Vault Co, CAG-99- procurement contract to the sole bidder,Utility Vault Co., in the amount of $86,836.56. Sufficient funds are available to pay for the procurement and installation of the culvert(including staff time)under the adjusted 1999 Surface Water Utility CIP budget. MOVED BY CLAWSON, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Works: Tony's Utilities Committee Vice Chair Schlitzer presented a majority committee report Cleaners Relocation regarding Tony's Cleaners business relocation incentive. The Committee met Assistance(Aquifer Protection twice to consider the request from Tony's Cleaners for an increase in business Regulations) relocation incentive and for the disbursement of payment prior to incurring relocation expenses. A majority of the Committee recommended the following: 1. Not authorize an increase in the total relocation incentive from the current maximum limit of$60,000; and 2. Not disburse the relocation incentive payment until the applicant submits verification of relocation expenses. As an alternate,the City can deposit the remaining balance of relocation incentive funds into an escrow account. The funds can only be disbursed to cover the costs incurred by the applicant as allowed by the administrative rule for the business relocation assistance program. The estimated remaining relocation funds balance is$36,000. The City's offer of the$60,000 payment is an incentive for business owners to expedite the relocation of their business out of Zone 1 of the Aquifer Protection Area by the end of 1999,thereby reducing the risk of contamination of the aquifer. The relocation incentive was not intended to compensate for all relocation costs or to buy out existing businesses. Staff will work with the applicant and the applicant's lending institution to assure that funds are available for use consistent with City Code and with the administrative rules regarding the business relocation assistance program. All agreements related to the disbursement of funds will be subject to the review and approval of the City Attorney. (The minority committee report follows.) Public Works: Tony's Utilities Committee Chair Clawson presented a minority committee report Cleaners Relocation regarding Tony's Cleaners business relocation.incentive. The Committee met Assistance(Aquifer Protection twice to consider the request from Tony's Cleaners for an increase in business Regulations) relocation incentive and for the disbursement of payment prior to incurring relocation expenses. A minority of the committee recommended the following: 1. Authorize an increase in the total relocation incentive from the current maximum limit of$60,000 to $74,000; and 2. Not disburse the relocation incentive payment until the applicant submits verification of relocation expenses. As an alternate,the City can deposit the remaining balance of relocation incentive funds into an escrow account. The funds can only be disbursed to cover the costs incurred by the applicant as allowed by the business relocation assistance program administrative rules. With Council concurrence,the Chair further requested that the Administration prepare an ordinance for Council's consideration that would amend the City Code to raise the maximum relocation incentive to$74,000. (See page 167 for Council action.) Noting that Tony's Cleaners is the only business to have applied for reimbursement of business relocation expenses under this incentive program, Councilman Clawson felt it would be best to approve the additional$14,000 for May 10, 1999 Renton City Council Minutes Page 166 the Bangs. Although he understood that the original offer of$60,000 was • generous,he said the additional funds would give the Bangs a good chance of succeeding in a new location. He suggested that a larger business with more clout would fare better in this situation. Mayor Tanner clarified the Administration's position on this matter, saying that it proposed approving the additional funds as a way of bringing closure to a matter that has been pending for five years. He emphasized that he was not speaking in favor of either the minority or the majority committee report. Councilman Schlitzer reiterated that five years have transpired since Council adopted the incentive program,which was specifically designed to encourage businesses to relocate sooner rather than later. He noted that other businesses affected by the aquifer protection regulations have already made changes to comply with the law,whether by modifying their business practices or discontinuing the use of certain substances. Mr. Schlitzer said that just because Tony's Cleaners chose not to relocate until the deadline for doing so was upon gg them is not sufficient reason for the City to change the program at this time. ti He encouraged Council to approve the majority committee report. Councilman Parker supported the minority committee report,emphasizing that Tony's is the only business seeking reimbursement under this program. He added that the business has operated in its current location for 17 years but is now being forced to move. Councilman Edwards recalled that the regulations allow reimbursement of relocation expenses only if the business is relocating in Renton. Planning/ Building/Public Works Administrator Gregg Zimmerman explained that the ordinance allows for"administrative rule-making"relating to payment of relocation expenses. Earlier this year,the Bangs sought—and were granted— an administrative rule allowing the payment of reimbursement for relocation outside of the City. Mr. Edwards was concerned by this decision,noting this issue had been a topic of much discussion at the time the program was established. He felt that Council's intent had been very clear regarding this,and suggested that Council would not have approved the ordinance without this provision. He said it might be possible that other affected businesses did not apply for reimbursement of relocation expenses due to this requirement, adding that it did not seem appropriate to give money to a business to move out of Renton. Mr.Edwards concluded that any further expenditures should only be made if Tony's relocates within Renton. Councilmember Nelson commented that another dry cleaning business affected by the regulations has simply chosen to contract out its dry cleaning to another location,but retain the rest of its operations at its current site. Councilmember Keolker-Wheeler agreed that the administrative rule allowing payment for relocation out of the City reversed not only the intent of the regulation,but its actual language as well. She felt that such an action was outside the purview of the administrative rule-making process. Mr. Schlitzer noted that the Bangs have already been told that they will still qualify for the program although they are not relocating within Renton. He believed that the majority committee report follows the original intent of the ordinance. Assistant City Attorney Zanetta Fontes confirmed that because administrative procedures cannot amend the terms of an ordinance enacted by Council,any funds paid to the Bangs to relocate their business out of the City will require May 10, 1999 Renton City Council Minutes Page 167 Council action to specifically permit reimbursement for moving elsewhere. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL REFER THIS MATTER BACK TO THE UTILITIES COMMITTEE. CARRIED. RECESS MOVED BY NELSON, SECONDED BY KEOLKER-WHEELER, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 9:00 p.m. The meeting was reconvened at 9:07 p.m.;roll was called; all Councilmembers present. Public Works: Oakesdale Utilities Committee Chair Clawson presented a report recommending Business Park Wetland concurrence with the staff recommendation to authorize the Mayor and City Buffering Averaging(Use of Clerk to execute the Oakesdale Business Park wetland buffer averaging City Property) easement with the developer,Zelman Renton LLC. The wetland buffer averaging easement will allow the developer to use adjacent City-owned property purchased by the Surface Water Utility to mitigate for 21,370 square feet of wetland buffer that will be used as parking for the Oakesdale Business Park. In exchange,Zelman Renton LLC has granted the City a 225-foot ingress/egress easement and a 100-foot drainage easement along the southwest portion of the site. The Oakesdale Business Park is located north of SW 43rd Street and west of Oakesdale Avenue SW. • MOVED BY CLAWSON, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning&Development Planning&Development Committee Chair Keolker-Wheeler presented a report Committee regarding the zoning for the Davis Annexation. The Committee has reviewed Annexation: Davis,Union Ave the plans of the applicant for the 3.8-acre annexation,and discussed potential NE(132nd Ave SE),A-98-003 impacts with staff. Based on this information and the review that will necessarily occur during the project application,the Committee is satisfied that the issues raised during the public hearing can be addressed for this specific project under the proposed R-8 zoning. The Committee therefore recommended that Council adopt the ordinances for annexation and R-8 zoning as recommended by the Administration at the May 3, 1999 Council meeting. The Committee further recommended that the land use and zoning designations for the unincorporated area between Renton and Newcastle be reviewed during the next annual Comprehensive Plan amendment cycle. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 169 for ordinances.) Councilmember Keolker-Wheeler added that the net density for development in the annexation area will be approximately six dwelling units per acre,which is comparable to the R-5 zoning which Council had been considering imposing on the property. Planning: Employment Area Planning&Development Committee Chair Keolker-Wheeler presented a report Valley Zoning Code recommending that the Employment Area Valley Zoning Code amendments Amendments and additional Zoning Code housekeeping amendments be approved as follows: 1. The amendments shown in the document dated April 8, 1999 be adopted, with the changes recommended by the Planning Commission as modified by the Planning&Development Committee. These modifications regulate some uses allowed in the portion of the Medium Industrial(IM)zone falling between SW 16th Street and I-405. The Committee's intent is to enhance the image of Renton at this gateway location by regulating uses which may have visual, May 10, 1999 Renton City Council Minutes Page 163 Association for her outstanding dedication and service as the chair of the WRPA's Athletic&Fitness section. * Over 150 participants from the Renton Senior Activity Center performed in the 19th annual stage show at Carco Theatre on April 29-30. * Renton's updated Water System Plan was approved by the Department of Health,with the next update not due until April 2005. AUDIENCE COMMENT Larry Holcomb, 1755 Whitman Ave.NE,Renton, 98059,representing Citizen Comment: Holcomb— Bethlehem Lutheran Church, located at 1024 Monroe Ave. NE, stated that 24 Tree-Cutting Variance for cottonwood trees on the church's property have grown too tall and now Bethlehem Lutheran Church constitute a hazard. According to City Code,the church is allowed to cut down only six trees per year. Saying that other trees will remain on the property,Mr. Holcomb requested that the church be granted a variance to enable it to remove all the cottonwoods at one time,rather than over a four-year period. Councilman Parker added that he was told by Development Services Director Jana Hanson that the church cannot remove more than six trees per year without a development permit;however,the church has no plans to develop this property--it wants only to remove the hazardous trees. MOVED BY PARKER, SECONDED BY SCHLITZER, COUNCIL REFER THIS MATTER TO THE PLANNING&DEVELOPMENT COMMITTEE. CARRIED. Citizen Comment: Brown— Janice Brown, 521 S. 51st Ct.,Renton, 98055, speaking as president of the Sikh Temple Development& Summit Park Townhome Homeowners Association, said that the Sikh Temple Use Violations on Talbot Hill is being occupied in absence of a valid occupation certificate. She was additionally concerned about the presence of a hydraulic flagpole on the temple's site, saying this has lights which are left on all night. Ms.Brown also said that although this project was required by the City to have mature landscaping,this has never been completed. She added that the temple is currently seeking a variance for an on-site commercial use(grocery store),but not all of the residents adjacent to the temple received notice of this. Gregg Zimmerman,Planning/Building/Public Works Administrator,confirmed that the temple has neither a temporary nor a final certificate of occupancy, although it was allowed to have one religious ceremony on-site in the past. The City has sent numerous letters requesting attention to health and safety issues so a conditional occupancy permit can be issued, without any response. Mayor Tanner suggested that the City step up enforcement efforts in this situation. Citizen Comment: Bang— Sun Ae Bang, 1057 - 1st St.N.,Renton, 98055, stated that her business,Tony's Tony's Cleaners Relocation Cleaners, is being forced to move from its current location due to Renton's Assistance Aquifer Protection Act. Saying there is no suitable site in Renton for the business to relocate to and that the business now has no resale value, she explained that she and her husband will therefore require a business loan to re- establish this business elsewhere. She requested that the City increase the reimbursement to them for relocating their business by an additional $14,000 to cover the cost of re-establishing the business. (See page 165 for additional discussion on this issue.) Citizen Comment: Stewart— Polly Stewart, 12121 SE Petrovitsky Rd.,Renton, 98059, spoke in favor of Skateboard Park in Renton having a skateboard park in Renton. Explaining that as a certified in-line skating instructor her goals are safety and expanding recreational opportunities, she said that getting youth off the street and out of traffic is very important. May 3, 1999 Renton City Council Minutes Page 157 AUDIENCE COMMENT David Mason,231 Williams Ave.N.,Renton, 98055, said that Tony's Cleaners, Citizen Comment: Mason— which has been active in the North Renton community for 17 years,needs the Tony's Cleaners Relocation City's help in relocating their business. He clarified that Tony's is not asking ,Art,\4- _ for a tax waiver in order to establish a new business,but rather for assistance in relocating their business out of the Aquifer Protection Area as mandated by the City. ADJOURNMENT MOVED BY PARKER, SECONDED BY KEOLKER-WHEELER, COUNCIL ADJOURN. CARRIED. Time: 8:51 p.m. N.,* MARK ILYP4'J. ERSEN, CMC, City Clerk Recorder: Brenda Fritsvold May 3, 1999 May 3, 1999 Renton City Council Minutes Page 156 Dangerous Buildings,the City inspected the residence on April 27th and declared it unsafe for occupation. Although residents were given only three days to vacate the premises,they were relocated with the assistance of the City's Human Services Department. Chief Anderson praised Sergeant Chad Karlewicz and Officers Christine Paget and Mark Klinke for their enforcement efforts. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. City Clerk: Quarterly Contract City Clerk submitted Quarterly Contract List for January 1 —March 31, 1999; List for 1/99 to 3/99 44 agreements totaling$1,728,798.62. Information. CAG: 99-051, SW 27th St City Clerk reported bid opening on 4/27/99 for CAG-99-051, SW 27th St. Culvert Procurement,Utility Culvert Procurement; one bid; engineer's estimate$92,310; and submitted staff Vault Co recommendation to award the contract to the sole bidder,Utility Vault Co., in the amount of$86,836.56. Refer to Utilities Committee. Plat: Briere,Preliminary, Hearing Examiner recommended approval,with conditions, of the Briere Duvall Ave NE(PP-99-003) preliminary plat; 12 single family lots on 2.28 acres located in the 1800 block of Duvall Ave.NE(PP-99-003). Council concur. Transportation: Logan Ave S Transportation Systems Division recommended approval of an agreement with Improvements, Joint Work the City of Seattle to allow Gary Merlino Construction Co.,Renton's contractor with Seattle(Corrosion on the Logan Ave. S. improvement.project, to concurrently perform corrosion Control) control work in the same vicinity for Seattle,with Seattle reimbursing Renton for the expense of the change order plus six percent administrative costs. Council concur. (See later this page for resolution.) MOVED BY PARKER, SECONDED BY CORMAN,COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Councilmember Keolker-Wheeler commended the Hearing Examiner for one of the conditions placed on the Briere preliminary plat which requires the developer to erect an informational sign clearly stating that the plat's road will be a"stub"which may, in the future,be extended. CORRESPONDENCE Correspondence was read from Young Seon and Sun Ae Bang, owners of Citizen Comment: Seon& Tony's Cleaners,requesting that the City provide them an additional$14,000 to Bang—Tony's Cleaners reimburse them for relocating their business out of Aquifer Protection Area Relocation Zone L MOVED BY CLAWSON, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THIS LETTER TO THE UTILITIES COMMITTEE. CARRIED. OLD BUSINESS Noting that the applicable ordinance relating to multi-family development in Planning: Moratorium on commercial areas has now taken effect, it was MOVED BY KEOLKER- Residential Uses in WHEELER, SECONDED BY SCHLITZER, COUNCIL RESCIND Commercial Areas(Rescind) RESOLUTION#3380 AND LIFT THE MORATORIUM PLACED ON RESIDENTIAL USES IN THE CENTER SUBURBAN, CENTER NEIGHBORHOOD AND COMMERCIAL ARTERIAL ZONES. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution#3391 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: Logan Ave S interlocal cooperative agreement with the City.of Seattle adding cathodic Improvements,Joint Work protection work for the City of Seattle to the Logan Avenue street project. with Seattle(Corrosion MOVED BY CLAWSON, SECONDED BY KEOLKER-WHEELER, Control) COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. /9 PPE-I, C-t9gX9`O N12e P--a -77 G!>7L?77 CITY OF RENTON April 29, 1999 APR 2 9 1999 RECEIVED CITY CLERK'S OFFICE Dear Members of the Renton City Council: Tony's Cleaners is a family owned and operated business and have served downtown Renton for seventeen-years. We are-no longer-able to continue our business in this location. The 1988 Aquifer Protection Act introduced questions concerning our decision to replace the dry cleaning equipment needed to reduce our operating costs. We did not know if one, we could replace the equipment, and two,if we could continue to operate our business in Zone 1 of the Aquifer. It was not until the 1998 Amendment to the Act (8-8-6 par. A.) that we had a definite answer. The City agreed to provide relocation assistance to expedite moving our business. So far we have removed the dry cleaning machine and signed the forms to comply with the abatement ordinance. But now we need your help. As of March 31, 1999, not only must we must move our business, it has no resale value since the Amendment does not allow the use of any perchloroethylene in this location. This leaves us with no capital for buying another business, and no way to make a living. The Amendment was an estimate of fair compensation. The City has established an account of$60,000 for relocation expenses. In order to relocate, we have paid and will incur the following expense: • $19,000 Removal of pa chloroet:ylene (perch) equipment (Voucher reimbursed by City) • 5,000 Test drilling, to be initiated once business is relocated This leaves a balance of$36,000, an insufficient amount to relocate. We need an additional $14,000 in order to continuebusiness elsewhere. This will provide the minimum amount necessary to initiate a business loan and enable us to continue in the dry cleaning business. In addition, we need these funds recorded as an asset (cash in our checking account) in order to incur the liability. Other communities have cashed out dry cleaners with abatement ordinances. We are requesting that the City of Renton consider disbursing the funds into our account prior to incurring expenses. This will make the move possible and avoid costly delays that the City would experience if we had to declare bankruptcy. • This modification accomplishes the City's needs and provides us with the ability to relocate immediately. It will not set a precedent since Tony's Cleaners is the only business participating in the program and the deadline for application has passed. We appreciate your consideration of this request. Sincerely, Young Seon • Sun Ae Bang • --- CITY OF RENTON'••'-': • .;�., ...._..a3; NOTICE OF RESOLUTION AND An:ordinance,of•the',City of Rento6 ORDINANCES ADOPTED BY RENTON Washington,adopting Me 1998 emergency • CITY COUNCIL :_ amendments to the City'I omprehensve Following is a summary of a resolution plan,, maps and data in conjunction there- - ordinances adopted by the Renton 'with,including amendments to the•land use AFFIDAVIT OF PUBLICATION . City Council on September 14,1998 element policies pertaining to potential RESOLUTION N0.3347 annexation areas(PAA),and the land use LegalA resolution of, the Cityof Renton, and AreaPAA designations for the West Hill Charlotte Ann Kassens first dulysworn on oath states that he/she is the Clerk of the Washington, extending a moratorium on 'Effective: 9/23/98, residential development in the Center f , • ORDINANCE NO.4739 Suburban land use designation implement- i SOUTH COUNTY JOURNAL An ordinance of the City of Renton, ed by Center Suburban (CS) and Washington, amending subsections 5-4- 600 S. Washington Avenue,Kent, Washington 98032 Residential Multi Family Suburban Center. 2,A and D of Chapter 4,Animal Licenses, $� (RM C) zoning classifications,,the Center of Title V (Finance and Business Neighborhood land use designation imple Regulations)of City Code by changing the a dailynewspaper seventimes a week. Said news a r is a legal mented by Center Neighborhood(CN)and animal license fees from an annual fee to a published (7) p g Residential Multi-Family Neighborhood newspaper of general publication and is now and has been for more than six months (RM-N) zoning classifications, and the two-year fee: .. •Effective:10/17/98` - prior to the date of publication, referred to, printed and published in the English language Employment Area-Commercial land use ' designation, implemented• by the.I ORDINANCE NO.471_ continually as a daily newspaper in Kent, King County,Washington. The South County Commercial Arterial(CA)zoning classifica- An ordinance of the City as.......„,;• Journal has been approved as a legal newspaper by ober of the Superior Court of the •tion,and establishing a termination date for Washington,amending Section-..-..J60 of the moratorium on March 14,1999. Chapter •4,.. Property Zevelopment State of Washington for King County. Effective: 9/14/98 I Standards, Section 4.6.030 of Chapter 6, 4- The notice in the exact form attached,was published in the South County ORDINANCE NO.4737 -- Street and Utility Standards;and Section Journal (and not in supplemental form)which was regularly distributed to the subscribers An ordinance of the City of Renton; 11' of Chapter 11; Deion:),ns; of.Title IV Washington, providing for the sutimission,ti Chapter5eBusiness iLicenses of Title V during the below stated period. The annexed notice, a , to the registered voters of the City at a spe-, t(Finance,and Business Regulations);and cial election to be held in conjunction with r RES3347, ORD 473p8,39&40 .•the general election On November 3; 1998, I.Sections'8 8„' of;':Chapter 8;`. Aquiferthe proposition'Of whether, in order to pay' Protections of Title VIII (Health and part of the costs of constructing and equip-._; Sanitation) of City Code all relating to aquifer as published on: 9/18/98 ping a family pool_in Renton;_the City Effective: 110/17/98 ' should incur indebtedness and issue not more thanComplete texts of this resolution and $4,000,000 of unlimited tax-gen,:' - ordinances are posted at the Renton . The full amount of the fee charged for said foregoing publication is the sum of$109.70 eral obligation' bonds therefor,.-payable Municipal'Building, 1055 South Grady Legal Number 5173 from annual.property tax levies upon'all== g - taxable property within the City in excess Way;v n the uthton UponPubrequest Library, the • of all regular property tax levies, maturingMill Avenue South: to the within 20 -years; and declaring aCity Clerk's,office (425) 430-6510 Copies / �- • emergency. will also be mailed fora fee.1..' /I d /_/, i �, , - ,� - - Effective: 9/23/98 Marilyn J.Petersen Legal Clerk,'S'h oun�Joumal ORDINANCE NO..4738, . ' . City Clerk eg Published in the South cot! )umal 'September 18;1998.on;' Subscribed and sworn before me on this day of — , 16:1_ • • o� � iiitrrrrfr� 4 . Ala' 111 . .4.14....4 I \ �..`� - ••'`Iv•' -.:•. e''� Notary Public of the State of Washington residing in Renton - u) King County, Washington ;, _ 2..• O`�� September 14, 1998 Renton City Council Minutes Page 293 Ordinance-1#4738 Following second and final reading of the above-referenced ordinance, it was Comprehensive Plan: MOVED BY EDWARDS, SECONDED BY PARKER, COUNCIL ADOPT Emergency Amendments THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. (West Hill Potential MOTION CARRIED. Annexation Area Removal) The following ordinances were presented for second and final reading: Ordinance #4739 An ordinance was read amending subsections 5-4-2.A and D of Chapter 4, Finance: Animal License Animal Licenses, of Title V (Finance and Business Regulations) of City Procedure Changes (Code Code by changing the animal license fee from an annual fee to a two-year Amendments) fee. MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. Ordinance #4740 An ordinance was read amending Section 4.4.060 of Chapter 4, Property Public Works: Aquifer Development Standards, Section 4.6.030 of Chapter 6, Street and Utility Protection Ordinance Standards, and Section 4.11 of Chapter 11, Definitions, of Title IV (Development Regulations); Section 5-5 of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations); and Section 8-8 of Chapter 8, Aquifer Protection, of Title VIII (Health and Sanitation) of City Code, all relating to aquifer protection. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. NEW BUSINESS Council President Edwards congratulated the City and especially its Fire Fire: Improved Fire Department on having achieved an improved fire protection classification Insurance Rating rating from the Washington Surveying and Rating Bureau. Councilman Parker encouraged all business owners in the City to contact their insurance agents about rate reductions that should now be available because of the improved classification. Parks: Improved Signage Councilmember Keolker-Wheeler suggested that the Administration provide for New City Hall better signage for the public in determining where they should park at the Building new building. Many people become confused because the address is Grady Way but the public parking area is accessed off of Benson Road. ADJOURNMENT MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 9:15 p.m. .i ' �, MARILY/ J1 ETERSEN, CMC, City Clerk Recorder: Brenda Fritsvold 9/14/98 August 24, 1998 Renton City Council Minutes - Page 277. total. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 279 for resolution.) Transportation: RUSH Transportation (Aviation) Committee Chair Schlitzer presented a report Shuttle (King County recommending approval of an agreement with King County arranging for Contract to Continue to Metro to continue operation of the Renton Urban Shuttle (RUSH) for a two- 9/15/2000), CAG-98- year period ending September 15, 2000. Under this agremeent, Renton will contribute a total of $187,905 over two years towards RUSH operating costs. King County/Metro will fund the remaining $842,680 required to operate the service. RUSH will remain a weekday, fare-free shuttle service with 15- minute frequencies. This agreement was developed based on Council's June 8, 1998 recommendation on continued RUSH service. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 278 for resolution.) Utilities Committee Utilities Committee Vice Chair Parker presented a report regarding Public Works: Aquifer amendments to the Aquifer Protection ordinance. Water Utility staff Protection Ordinance presented the Aquifer Protection Code amendments to the Committee last March. The Committee concurred with staff's reocmmendation to initiate the State Environmental Policy Act (SEPA) process and prepare the final ordinance. The SEPA process has been completed and the amendments received a Determination of Non-Significance (DNS). Therefore, the Committee recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PARKER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 279 for ordinance.) Finance Committee Finance Committee Chair Parker presented a report concurring in staff's Development Services: recommendation to upgrade the Limited Term Field Engineering Specialist Field Engr Spec, Step E position to Step E of the salary range. Prior to the current candidate Upgrade accepting this position, it was determined that limited term positions cannot be initiated at a level higher than Step C. The candidate decided to accept the position at a lower pay level, pending management's request to Council for approval of the higher pay level. This limited term position is funded for an entire year, providing sufficient funds to satisfy the requested pay level for a portion of the year. The upgrade will be retroactive to the original hire date for the candidate. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Animal License Finance Committee Chair Parker presented a report recommending adoption Procedure Changes (Code of the changes made to the Renton Municipal Code changing the animal Amendments) license from a one-year license to a two-year license. This Code change also continues the practice of allowing seniors to pay only once fora license that is effective for the life of the pet. The fees do not change. Renton continues to have the lowest fees in the region for animal licensing, and is one of the few cities with animal control at the city level (most cities contract with King County for this service). MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 279 for ordinance.) Finance: Payroll & Human Finance Committee Chair Parker presented a report concurring in staff's Resource Info Systems recommendation to enter into negotiations with Workforce Technologies and (Year 2000) PDS for software and vendor services to replace the City's existing payroll . - APPROVED BY CITY COUNCIL Date UTILITIES COMMITTEE COMMITTEE REPORT August 24, 1998 Amendments to the Aquifer Protection Ordinance (Referred March 5, 1998) Water Utility staff presented the Aquifer.Protection Code amendments to the Utilities Committee in March 1998. The Committee concurred with staff's recommendation to initiate the State Environmental Policy Act process and prepare the final ordinance. The SEPA process has been completed and the amendments • received a determination of non-significance. The final ordinance has been prepared. The Committee recommends that the City Council adopt the final ordinance. 1 1 - 'Ai4EL(404" n C11 • hair King Parker,Vice Chair /ip Tiniothy J. Schli,,,"7'ember cc: Lys Hornsby Carolyn Boatsman Gregg Zimmerman August 24, 1998 Renton City Council Minutes Page 279 Resolution #3344 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: N 30th interlocal agreement with the State of Washington Transportation Improvement St/Park Ave N Sidewalks, Board for funding of the pedestrian facilities program, N. 30th St. and Park TIB Funding, CAG-98- Ave. N. sidewalk project. MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3345 A resolution was read extending a moratorium on residential development in Planning: Moratorium on the Center Suburban land use designation implemented by Center Suburban Residential Developments (CS) and Residential Multi-Family Suburban Center (RM-C) zoning in Commercial Areas classifications, the Center Neighborhood land use designation implemented by Center Neighborhood (CN) and Residential Multi-Family Neighborhood (RM- N) zoning classifications, and the Employment Area-Commercial land use designation implemented by the Commercial Arterial (CA) zoning classification, establishing a public hearing date of September 14, 1998, and establishing a termination date for the moratorium. MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3346 A resolution was read declaring the intention of the City Council to reimburse Finance: New City Hall Fund 301 from funds derived from a financing contract for expenditures for Lighting System, State energy-efficient lighting, and directing the Finance & Information Services Funding Administrator to make such reimbursement when funds are received from such refinancing. MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 9/14/98 for second and final reading: Finance: Animal License An ordinance was read amending subsections 5-4-2.A and D of Chapter 4, Procedure Changes (Code Animal Licenses, of Title V (Finance and Business Regulations) of City Code Amendments) by changing the animal license fee from an annual fee to a two-year fee. MOVED BY EDWARDS, SECONDED BY PARKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/14/98. CARRIED. Public Works: Aquifer An ordinance was read amending Section 4.4.060 of Chapter 4, Property Protection Ordinance Development Standards, Section 4.6.030 of Chapter 6, Street and Utility Standards, and Section 4.11 of Chapter 11, Definitions, of Title IV (Development Regulations); Section 5-5 of Chapter 5, Business Licenses, of. Title V (Finance and Business Regulations); and Section 8-8 of Chapter 8, Aquifer Protection, of Title VIII (Health and Sanitation) of City Code, all relating to aquifer protection. MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/14/98. CARRIED. The following ordinance was presented for first reading and advanced to second and final reading: Rezone: Sunset Blvd NE An ordinance was read changing the zoning classification of four parcels (Aberdeen to Park, consisting of 2.25 acres, .06 acre, .25 acre and .29 acre bordered by NE Park Potoshnik/Newton), R-98- Dr. at the access to I-405, Sunset Blvd. NE and Aberdeen Ave. NE from 040 Convenience Commercial (CC) to Residential Multi-family Infill (RM-I) (Potoshnik/Newton, R-98-040). MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL ADVANCE THE ORDINANCE TO SECOND AND FINAL READING. CARRIED. March 9, 1998 Renton City Council Minutes Page 85 Parks: Cedar River Trail Utilities Committee Chair Clawson presented a report recommending Easement, US West concurrence in the staff recommendation to approve a final easement to U.S. West Communications for undergrounding telephone service through Cedar River Trail Park. The Committee further recommended that upon staff review and approval, the Mayor and City Clerk be authorized to execute the final easement document. MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Works: Cedar River Utilities Committee Chair Clawson presented a report recommending Flood Damage Reduction, concurrence in the staff recommendation to approve an agreement with The The Boeing Co, CAG-98- Boeing Company to participate in a funding partnership for the design, initial construction, and maintenance of the U.S. Army Corps of Engineers Cedar River Section 205 Flood Damage Reduction Project. The project will provide 100-year event flood protection for the lower Cedar River in Renton. The maximum Boeing Company contribution through this agreement is to be $1,050,000 for design an initial construction, and $80,500 annually for project operation and maintenance. MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Works: Aquifer Utilities Committee Chair Clawson presented a report regarding amendments Protection Code Changes to the City's Aquifer Protection Ordinance. The Committee has been briefed by Water Utility staff on draft amendments to City aquifer protection regulations. The Committee concurred with the staff recommendation to initiate the State Environmental Policy Act (SEPA) process, and that a final ordinance be prepared for Council's consideration. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Works: Cedar River Utilities Committee Chair Clawson presented a report recommending Flood Damage Reduction, concurrence in the staff recommendation to approve an interlocal agreement King County, CAG-98- with King County to participate in a funding partnership with the City of Renton for the design and initial construction of the U.S. Army Corps of Engineers Cedar River Section 205 Flood Damage Reduction Project. The project will provide 100-year event flood protection for the lower Cedar River in Renton. The maximum share of King County's contribution through this agreement is $1,050,000 for design and initial construction. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 86 for resolution.) Public Works: Cedar River Utilities Committee Chair Clawson presented a report recommending Flood Damage Reduction, concurrence in the staff recommendation to approve a project cooperation Army Corps of Engineers, agreement, financing plan and statement of financial capability with the U.S. CAG- Army Corps of Engineers for the Cedar River Section 205 Flood Damage Reduction Project. The project will provide 100-year event flood protection for the lower Cedar River in Renton. With funding partnerships, the estimated project cost to the City is $1,048,667 for initial construction, and $80,500 annually for operation and maintenance. The funding for the project is budgeted in the approved 1998 Surface Water Utility's Capital Improvement Program budget in the Lower Cedar River Sediment Management account and the approved Airport Improvement Program account. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 86 for resolution.) - APPROVED BY CITY COUNCIL Date "I-9F- . UTILITIES COMMITTEE COMMITTEE REPORT March 5, 1998 AMENDMENTS TO CITY AQUIFER PROTECTION CODE (Referred December 15, 1997) The Utilities Committee has been briefed by Water Utility staff on draft amendments to City aquifer • protection regulations. The Committee concurs with staff recommendations to initiate the State Environmental Policy Act process and prepare a final ordinance for Council consideration. al 4 - / . • Cr -10` jor ., 10 King Parker,Vice-Chair a/ Ar ,/ CY . . . lm Schlitzer,M / . • 1-I:DOCS:98-138:CB:ps CC. Ron Olsen . Lys Hornsby Carolyn Boatsman December 15, 1997 Renton City Council Minutes Page 416 Public Works: Aquifer Water Utility Division submitted proposed amendments to City Code to more Protection Amen ements effectively protect Renton's aquifer and to make the aquifer protection regulations more consistent and specific, and easier to implement. Refer to Utilities Committee. MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Council President Keolker-Wheeler presented a Committee on Committees Committee on Committees report recommending the following committee chairmanships and assignments Council: 1998 Committee for the Council for 1998: Appointments Community Services Committee Toni Nelson, Chair Dan Clawson, Vice-Chair Randy Corman, Member Finance Committee King Parker, Chair Kathy Keolker-Wheeler, Vice-Chair Toni Nelson, Member Planning & Development Committee Kathy Keolker-Wheeler, Chair Tim Schlitzer, Vice-Chair Dan Clawson, Member Public Safety Committee Randy Corman, Chair Toni Nelson, Vice-Chair King Parker, Member Transportation (Aviation) Committee Tim Schlitzer, Chair Randy Corman, Vice-Chair Kathy Keolker-Wheeler, Member Utilities Committee Dan Clawson, Chair King Parker, Vice-Chair Tim Schlitzer, Member MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution #3297 A resolution was read authorizing the Mayor and City Clerk to enter into an Municipal Court: interlocal cooperative agreement with the State of Washington for equipment Computer Upgrades, replacement upgrade fees. MOVED BY KEOLKER-WHEELER, SECONDED Reimbursement to State BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinances were presented for second and final reading: r I( OF RENTON.COUNCIL AGENDA L AI#: (-0,j Submitting Data: Planning/Building/Public Works For Agenda of: December 15, 1997 DepuDivBoard.. Utility Systems/Water Utility Staff Contact Carolyn Boatsman(x4411) Agenda Status Consent X Subject: Public Hearing... Amendments of the following chapters of city code for aquifer Correspondence.. protection purposes: Title VII, Chapter 8, Aquifer Protection; Ordinance Title IV, Chapter 10, Mining, Excavation, and Grading; Title V, Resolution Chapter 5, Business Licenses; Title IV, Chapter 22, Storm and Old Business Surface Water Drainage Exhibits: New Business ' Issue paper Study Sessions Draft amendments Information Recommended Action: Approvals: Refer to Utilities Committee Legal Dept X Finance Dept Other Fiscal Impact: Not applicable Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. Summary of Action: The Water Utility is requesting that the Council amend several chapters of the City code in order to more effectively protect the aquifer and to make aquifer protection regulations more consistent, more specific, and easier to implement. STAFF RECOMMENDATION: Refer to Utilities Committee. caagenda • • CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: December 15, 1997 TO: Kathy Keolker-Wheeler,Council President Members,Renton City Council VIA: ) Mayor Jesse Tanner CaiW FROM: Gregg Zimmerman,Administrator & Z Planning/Building/Public Works Department STAFF CONTACT: Carolyn Boatsman(x4411) Water Utility SUBJECT: Aquifer Protection Code Amendments ISSUE The Water Utility (Utility) is proposing aquifer protection code amendments. Draft amendments are attached. RECOMMENDATION The Utility recommends that the Council refer the draft amendments to the Utilities Committee for a briefing. The Utility would like to get input from the Committee regarding the proposed amendments before drafting the ordinance and initiating environmental review. BACKGROUND SUMMARY The Aquifer Protection Ordinance,which became effective on May 1, 1993, provides water quality protection for the city's drinking water supply. Key provisions of the ordinance include: 1. Regulation of the storage and handling of hazardous materials at facilities located in the Aquifer Protection Area(APA) 2. Establishment of a maximum amount of hazardous materials allowed in Zone 1 of the APA ten years after the effective date necessitating relocation for some facilities 3. Restrictions upon new development in the APA 4. Construction activity standards 5. Stormwater management,wastewater,and pipeline specifications December 15, 1997 Page 2 Experience implementing the code has provided the Utility with insight into how it should be amended to both allow more efficient and consistent implementation and to improve water quality protection. - In general, the response of the business community has been positive with regard to the need to protect the aquifer. Many suggestions to amend the code have been offered by business owners. The most widely perceived concern with the code is the prohibition ofmore than five gallons of hazardous material in Zone-1 after ten years from the effective date of the Ordinance. It is felt that the threshold need not be this low in order to protect the aquifer: The amendments will address this topic in addition to those shown in the table of contents attached to the draft amendments. The code amendments also include several provisions to improve protection of the aquifer. The most significant of these are a ban upon perchloroethylene at facilities in Zone 1 and standards for the cleanliness of fill material imported to the APA. CONCLUSION Adoption of aquifer protection code amendments will improve protection of the aquifer and will result in aquifer protection regulations that are more consistent, more specific, and easier to implement. kk1297xoc TABLE OF CONTENTS AND SUMMARY AQUIFER PROTECTION CODE AMENDMENTS DECEMBER 1997 Page 1 AMENDMENT#1. Raises threshold quantity of hazardous material above which existing facilities in Zone 1 of the Aquifer Protection Area (APA) would need to relocate. Also proposes a ban upon perchloroethylene at existing facilities in Zone 1. Page 4 AMENDMENT#2. Raises threshold quantity of hazardous material above which new facilities would be prohibited from locating in Zone 1. Also proposes a ban upon perchloroethylene at new facilities in Zone 1. Page 6 AMENDMENT#3. Partially repeals the hazardous material sales exemption. Facilities previously exempt from Operating and Closure Permits would be required to obtain a permit. They would also be subject to limits placed upon increases in hazardous material inventories. Page 7 AMENDMENT#4. Adds a provision for limited expansion of hazardous material inventories in Zone 1. Page 7 AMENDMENT#5. Adds new exemptions and modifies existing exemptions. Page 11 AMENDMENT#6. Moves back due date for Operating Permits in Zone 2. Page 12 AMENDMENT#7. Modifies Zone 1 relocation incentives. Extends availability of the maximum payment of$60,000 for a brief period of time. Page 13 AMENDMENT#8. Substitutes term "hazardous materials" for"regulated substances". Page 15 AMENDMENT#9. Removes the APA from Environmentally Sensitive Area Designation. Reinstates categorical exemptions to environmental review under the State Environmental Policy Act for development in the APA. The result would be that projects that now require environmental review in the APA would no longer require it. Page 16 AMENDMENT#10. Deletes requirement for site plan review in the APA. Page 16 AMENDMENT#11. Provides for permit suspension, reinstatement, administrative hearing, and appeals and clarifies permit revocation procedures. Page 20 AMENDMENT#12. Expands monitoring requirements for facilities remaining in Zone 1 after five years. Page 22 AMENDMENT#13. Prohibits unauthorized release of hazardous materials and assigns responsibility for cleanup: Deletes some reporting requirements for existing facilities. Page 27 AMENDMENT#14. Increases flexibility of the Administrator to grant waivers. Page 28 AMENDMENT#15. Provides a method to verify that only clean fill is placed in the APA. Page 32 AMENDMENT#16. This amendment clarifies the types of new facilities that are prohibited in Zone 2. Page 33 AMENDMENT#17. Requires hazardous material inventory with application for land use permits. Deletes requirement for Operating Permit prior to construction permit. Page 34 AMENDMENT#18. Operating Permit prior to issuance of a business license. Page 35 AMENDMENT#19. Modifies secondary containment requirements to make them more consistent with the Fire Code. Also provides more flexibility in how to achieve secondary containment. Clarifies restrictions on floor drains. Page 37 AMENDMENT#20. Proposes construction activity standards that are more definitive and easier to implement. Page 41 AMENDMENT#21. Simplifies pesticide and fertilizer application requirements. Takes advantage of existing state-required record-keeping system to obtain information. Reduces regulatory component of Aquifer Protection Program in relation to pesticide and fertilizer. Page 45 AMENDMENT#22. Clarifies regulation of existing solid waste landfills. Page 46 AMENDMENT#23. This amendment changes the storm water management requirements in the Aquifer Protection Area. Page 51 AMENDMENT#24. Clarifies the applicability of the Aquifer Protection Code. Page 52 AMENDMENT#25. Requires completion of facility closure within one year and according to permit conditions. Page 53 AMENDMENT#26. Allows use of on-site sewage disposal when the Wastewater Utility determines that sanitary sewer is unavailable. Page 54 AMENDMENT#27. Makes operating permit conditions for Zone 1 and 2 more nearly the same. Page 54 AMENDMENT#28. Requires Hazardous Materials Inventory Statement with application for Operating Permit. Requires Material Safety Data Sheets. Defines these terms. Page 56 AMENDMENT#29. Changes what is to be shown on a facility site map. Page 56 AMENDMENT#30. Updates the pipeline material specifications for Zone 1. Page 59 AMENDMENT#31. Deletes requirement to maintain running inventory of purchases, sales, and use of hazardous materials. Page 59 AMENDMENT#32. Reduces frequency of employee training. Page 60 AMENDMENT#33. Corrects minor errors such as incorrect citations and missing words. catc1297 • PROPOSED AQUIFER PROTECTION CODE AMENDMENTS DECEMBER 1997 Amendments proposed by the Water Utility are listed below. New text is underlined and original text is struck, as appropriate. Rationale is provided for each amendment. The first four amendments described below are the most significant of those proposed., Together, they serve to make the code more reasonable and equitable in the following ways: • The threshold of hazardous material allowed in Zone 1 of the Aquifer Protection Area (APA) is raised for both existing and proposed facilities; • The impact of the code is more equitably distributed among existing and proposed facilities; and • The impact of the code is more equitably distributed among facilities who use hazardous materials on the premises and those who sell them. Another important change (included in Amendments#1 and#2) is a ban on perchloroethylene in Zone 1. AMENDMENT#1. INCREASES MAXIMUM AMOUNT OF HAZARDOUS MATERIAL ALLOWED IN ZONE 1 AFTER TEN YEARS; BANS PERCHLOROETHYLENE IN ZONE 1. Note: This amendment and the one immediately following change relocation and location thresholds for Zone 1. These thresholds are based upon the quantity of hazardous material present or proposed. Proposed thresholds are illustrated in Table 1. This amendment also bans perchloroethylene at existing facilities in Zone 1. The following amendment bans perchloroethylene at new facilities in Zone 1. Amends Section 8-8-6.A.1. as follows: 1. Ten (10) years after the effective date of this Chapter, the storage, handling, use, treatment or production of hazardous materials in aggregate quantities greater than 500 gallons •- -- •• • • -- - - --- =e •• - =- - _ - ••- - - e _ - _ _ - --'' •:- shall not be allowed within Zone 1 of an APA. The storage. handling. use. treatment or production of perchloroethylene shall not be allowed within Zone 1 of an APA after September 30. 1998. Rationale. The Water Utility is proposing to raise the regulatory substance relocation threshold for a facility located in Zone 1 from 5 gallons to 500 gallons to provide a more reasonable compromise between risk and the costs and impacts of relocation of existing facilities. Changes are made in the second line to clarify that the code refers to all hazardous materials added together rather than just one hazardous material. The code presently prohibits, after ten years, use, storage, or handling of more than 5 gallons of any one hazardous material or 20 gallons aggregate of all hazardous materials at any one facility. Items offered for sale in containers 5 gallons or less in size are exempt. page 1 TABLE 1 PROPOSED HAZARDOUS MATERIAL REGULATORY THRESHOLDS OPERATING AND. PROPOSED LOCATION • RELOCATION THRESHOLD FOR CLOSURE PERMIT THRESHOLD (ZONE 1) EXISTING FACILITIES (ZONE 1) • THRESHOLD ,• - (ZONES 1 AND 2) :L. ti .H'',hy'r .:.fl.,qw.; :.C(,.' S::?{.,C.:•Sdv,YYf n N.; %'v '�d'{�" ''p."vydi t�iki;Wf 'Iia ?: Ng4se E,:::e t :5'•v„ ai;'?.., rl;.:::•,s :v; F I`''Iji't?i? 'tli: I.” v=1,:"' s,I�.,?>...,: . .,;,,; . .?p;,?14??1 k" y EXISTING FACILITIES More than 20 gallons of . is pt?.? •v=1, ? .00:104047,,,r, 1. More•than 500 gallons of I@"•?;f3.:"?=::i:e I:'ry'il:�?Iirr;1',,,:.,;^U�F?,:ut?Y??.,t;Gi#'`.:.awr o..:,',g:t2?ih�i:i. ?j H?tti•K" :•:I hazardous material including 1�,,�; � {r4 �;�;I ? :b s: ::'��,.,02,..**„,,,,,,_ : .t: I hazardous material (Containers 7 13•,.??i; ?3;I::,'IyJ'��*�:.§y ?; �i`$3 !"y 'rI € • =.it1;I 1N /1.i:!g1. ?.:•• .',:fI .,,:,..•'I 4•I 14,..,,,,...i:-1,--� •;:•,: ;' • items offered for sale. f ;y.. ':': t=• • ¢' '' .: 4�i ."• offered for resale are exempt if 5- ili nt°• :K 7 444 .i 6 3'.� "'1ad'14.4 ..v:''.ix::I t ;I: �p��pa��„„;:>• Y,g. .N ".AF T'°::. _,,.:p: gallons.or less). a`:•5J' 4'�'Om:* '2;'y+,�., y; >+'s. °{,n r :4'.. ,� C 'I Ch':.•�",:, • • $tN::. I C:e.�S :p 'I1."�,Ii:tl'�'f''I" 3•", h .+Rv .. y. }.,,t t' ^' 2. No perchloroethylene on ;_?j$ ;t*'�,o°°'a,'Fk.'.''•h? .yy,hd:;:YS5 '.•.R'.?::'.•':.�';;::a°s'it;;d:•••h•�, ,q, - •-. rI ,v'iiv1,4 H. e:3t'ai Yi•5,: 5:C :•F': •:'t. 'i"'• '•iti:;:2Z• n.0 ye: .,.e: F;:?.,'.'.''b n+': 01-40‘0.441,10,wae.a •''4,:•=; '' .",: wi remises., it xs <:p.=io'•'•.• s2-,-,LI•: A•s.t'+?a4`iit $e.'*,''.•±kk: :•us-. :sw.i.:i'146:1;.: - 55.�,.'' ,:sed 'k 44 '. v+ 3�.vnx';v.?g:t ;:rw�✓,;:'rd:«: '°"•. "•:! • - - Fit:?I='i=:d::?,?iF;. •• ,-,J:.,":�.;=`yv,'••'.m:",v ,••••••••,10,,..0„.A*,„.„,.,..:1"; .•...4.„. -- 20gallons of 1. Not,more than 500gallons of r:a?° : 1„:. l• li: ''r" '' PROPOSED' More thanb ;' jj,. IIS°'' ,;=N''e”' i• I �%J?x::::,gey,_. ,;__?:?.vII'?. :♦,: F J b1:�:':,%:.R•:!'"`Iv:? _ .?�k�•I mv-y;:r,k .r,hhr:I;r,:',''�:, •t: rf'::•:i:4;$%+,42 ::I .kfl,J 'e tL�•• • v m='fid.:x; c ; o :::a:?•:-.1::,.f ', FACILITIES hazardous material including hazardous material"on the •>?;;�,.,���� ,��.; t,.�:.y�:,�v�ry��:�,k.:�:>s;�h�?;,:�,�:: �.:��.�:::�:>:ls>�:?I::�?=3�. :`O•I'"37Y.•7.1.1 l'Z,a•.'Y�_ "' ,1�5" dI d'•' `riA i S items offered for sale. premises including substances ` ` ° `� e 's,,.k�k,•-1'. 3r"•�gb.w A'' 'tF"�.'x•It U '°° se3'�. •�,� f'' }e':.i�•i�,�,; - ir,•K:•,'fte ,- ,,�' ro'tw" 9• I ,.-* ,t5'v,v *„,,, A a :d, t o j..v.. .::5✓,;,i,•v:•':1 N:�.iy.�.a�v4i: •;,04',1 •04;:4,I3s Iti:v:;i ,„•P0.,,,?;�,itgiat:2,--br.�;�:yv:,::.t,g:�:�ii • nir,,,,04,,n:,,.:3. ••":`,4,:..:i=:Isv,:s i4;v,: ...*:*„.,I,::*,::p$S :;: offered for sale.- $,,:t x , : ,v,... .thi:,?,..I°•::•,�t;,�c'. ;"';i3::.,.' s?Iv'.,ik;ia'•.�ikav33.,'•'i'�,,�::?:y'F�•�•;'iI 3.I,:':.?•'�.�'•�:: - 'h:::tatjW�q•''.'�i,o.i:•g......fi t.'=ego^'w ,,,,; :t,:A.,t4•4,: :ai;:af :5::;;r::::<$',::?,:+'••''• • 2. Not more than 150 gallons of f: .:.-to.g.g. e::r: : ,,,,,-.. ,ni 4. ::,,,t., :g: •: °�x�:,,, � a. ,4 ,••I:a.,��:::;3.+.. ;;1=g,Hx;,•"'•'v ;:,:.::Ns,+3�h,,F ,.a•�;3�•. :•,S�S%f:+.:•r;. ;::3,:i:,';;il 4:r=:: ;.,� 3i; ,,ra :w>"r R:. :r•� ..fa,�.$.: :'>Q 3i':u.::" 6'.''$°, hazardous material that will be i?:.: e.;�:!;:? .::• ;�''•��Y.: :•1 •�' yvivv ; F •,,;. Cq.vvC;i.•,: Its: `5 .ttr4:44 4???i'''k•g,,i1,40::4 41,a:•W.,:tdye:..<:1ti'lknS:.1,,•',>.:;t`§0,;,:4;h0,4 x y3.i.„:,,I.;l .;vi:;3”i•ii: used, dispensed, vo or produced :ii*.„ F " ..: e:. f:: ;:ce i . '::,;a..,:4:4;,4., ,gi v; . ,isy;;•;'3?y"I ':a',•g.Ir.'•,�ru>?�?;c:: .t`;.;;:�.� .;?ia•,�:;I;::Im:;;iv,. :.Y..3,:">'>;:•;r, '::i'i:+ , .,,..':J,,,;,f,,,„: ;�ffr••q ss,"„t,,4:,4:8,1,:..;t •,'°1,•:,;;.*,,,I,,,-,,,,•::•??;r,,,, i:t::,,k•:.;.: { :$:: ':l.vilscg:W,::tk ,: ?I�:tir K s.• ?n: ,::'1 e::::2ti:p s:x:d::1 :3.>:S3?zcj<:i?:? t i3 on the premises. ;,,. 71,,,?:.=:1=I,i=I",I?i:..: 40,0•,4,**41;01, 4,ti y: ::>,•,*:: ' ::it,:* ,?t:. 8;�,r:,f':�:?=v:�Yti i iii :.::td?aag{.1:,.t r..:ir,o :i?•7L iiii:,. :i'"?=ii?i i?,3 3?:"•:?I:?? :f0,,,h,,,rti lig 1.•,?* I?I=;,plt.,,?:,01,•-i:e.;:�'k..v::,t,.Y?:.�:N ,:l;:,.im,..1t::;,.,•t:`i.w. 3. No containers of hazardous >..gh4, :r.I : : .:.e:• ;>:==4?'::=:?:H:? :?t°�:. >._::•.,,; :ir ":: i:??ice'♦:;:. <> �";:f F, ::LItI,Itult":•', :'}'•��•Ct"::?F,dP?I::.t�:•: :i3:::'S::A•'' Fti'r',;12::;8:i�:;Y::2:;r,,7n vi''iy=::•Ttq'�',':y:9Y.•li=� .?,:1,4i{<?:11:6:?'r3v:S:i::.;.t.;.:Ili$?I.,,,,.;,.,:10+e:°:."✓ ,'I�: S$R::tY,.,1,44?:11,1,,,:ig:...:I=: ft .,,;;?a,*: •;..;',,"n : ,,?,,,,:::;s :?;7,::::73it, :t- ;:r,I:ii*,*,:: :.:;t:;:,I•,,.,ty:•-f t material exceed 5 gallons. tF ::L;:MI:;:.,t,:i::. •:.;•: ?i;.::>:?L.3ra::'•t:j'a:i;:3:y.,g:. .:;"_;.,yF..., i:.,:v::.=.. :?Yi??,.„4,11,4 3Sh y9:4:?iiiskr:;,I ??fi?v., 4;?'0*,-•„3r•:I•,:tit ::t,,„-• ;.I;: i2t>::r:.;�.; :::411;,,:;0,.}-4 :.,,,,,,,:„,•':K.::.:?iI''t1,,,:::ei;.,:„0t:::,,;:•:.,:i;•k::I::Y r??:i;:?,,*,,:'::::R:;m,i,,i' 4. No perchloroethylene on •?1=?==_•,'».:,,,-„,s,,„, :t>::1?:?1: *1::i::I:4 : =;:',,_?}::: It;,,,*10, ,,,,,4 ,04.3 a,,,e:,?I,: ,ti*:r„ I . : n .,,•.ii, : i,:** dit* _, i?i. ,-1, r,,„„±`".:,lit i;?r?,.4**?'`h?3i&:h yi;B,:,,o,:;t,',*,t,„f•.*.i:.*,:•.:i?tis*4,-,,;:?il,„,, :'•,1.: .:igi$I..*:.:xa::,";n „y=I?,.*:,:£'.•S,>}.:•::114:.4:, •,:":*,*,:**,. ::*,::$**1„,*,*•:r.,,At, ,i?,,r 0, •:;I:tt:,:.*,,,,, remises • . ,r, :.e. „I::;i,:;, 1.? :, ::,•.. :;,'�: ,,,:;,r.:,,U: .:i .»: ,^�t> p 3••�,.�'1:::i<.,.;,:4::': '•d:•,.:t„It';•::'„1•e'. >?;':;:IS'¢a'":. .,:=SIS:: Gy,i%::i:D:$,F,;:?,.;:.:I:3;,': ,:S'$ .,11.11•,:?•iiM.r:;=:?,k�,�.SS;:s3T.;.:.>:ftl,a?ia a,;,<,?i:i,,,j: i:; :i�:,:.•;' ¢.;ta.qi;..;i: 'f�•;.,ivl:;,i4,r.;L'':I '-`.:S;I•:? 2<?:iFg, y:Ad°,Y, lrH:;DK:v:v5✓:itilt:.:Si'::e::.Y?::t;d,�i;4^i?;:;A,::: 'i=:,:.:•liottti'e:.;�;::.:: :.;;::atti ,Ite,.:,t,':.'asl:.e:t'ti::. :z,:? ,:+',;a? ::t,; >u•:,:P.n.:•.,..«t'dv....::$::::?an::t.nni:::l•:ld:?:,'•,,..v.......................,....,.......,...:::::$ .. • • page 2 Facilities that were located in Zone 1 prior to the adoption of the Aquifer Protection Ordinance who are unable to reduce the amount of hazardous material below the relocation threshold will need to relocate outside of Zone 1 within ten years of the effective date (by April 30, 2003). Under the current code, it is expected that ten facilities in Zone 1 will need to relocate according to hazardous material inventories that we have obtained and discussions thatwe have had with business owners. Hazardous materials at City Hall, used in air conditioning processes, for maintenance and cleaning, and for printing and copying, also exceed the de minimus amount. City Hall is relocating to the Main and Grady Building which is outside of the APA so the relocation issue has been resolved_for the City. It is expected that four facilities will still need to relocate if the code is'amended as proposed including the ban on perchloroethylene, which affects one facility. Three other facilities currently have inventories exceeding the proposed relocation threshold. It is possible that they would need to relocate if they are unable to reduce inventories below the proposed threshold. The relocation threshold is an aspect of the code that the Council intended to reconsider when the code had been in effect for some time and more was known about it's impact. (Refer to Section 8-8-1.D. RE-EVALUATION in the existing code.) The Water Utility is now very familiar with operations at existing Zone 1 facilities and the impact of the code on those operations. The Utility is proposing a change in the relocation threshold in order to establish a more reasonable compromise between risk and the impacts of relocation upon owners of existing facilities in Zone 1. Risk to the aquifer from facilities located in Zone 1 will still be reduced due to implementation of all aspects of the ordinance which include but are not limited to: 1. Engineering controls that have been put in place at existing facilities; 2. Relocation of some facilities that would still exceed the proposed relocation threshold; and 3. Restrictions placed upon location of new facilities in Zone 1. Existing facilities in Zone 1 have cooperated with the Utility by reducing inventories of hazardous materials and improving management of these substances to reduce the likelihood that they would be introduced to the aquifer. The Utility believes that the proposed maximum is a reasonable one, within which it can work with existing facilities to protect the aquifer. A ban on perchloroethylene is proposed in order to protect the aquifer from a chemical that is particularly insidious in it's potential to contaminate the aquifer. The ban will affect one facility in Zone 1. This facility, a dry-cleaning establishment, will no longer be able to operate a dry- cleaning machine using perchloroethylene at the present location. The facility may determine that it will operate as a "drop off" site for dry-cleaning performed at another location or it may employ a different solvent. Alternatively, it may determine that relocation of the entire business is in it's best interest. Perchloroethylene is a dense, non-aqueous phase liquid, meaning, in part, that it is heavier than water. When introduced as a concentrated product this chemical sinks to the bottom of the aquifer where it can remain for many years while small amounts are diffused into the aquifer causing the Utility to fail to meet federal and state drinking water standards. The Utility is currently investigating detection of this chemical in the aquifer. A date of September 30, 1997 is proposed as an approximation of a six month compliance period assuming an effective ordinance date of approximately March 30, 1997. The compliance date may need to be adjusted depending on when the Council acts. page 3 • AMENDMENT#2. MODIFIES ZONE 1 LOCATION THRESHOLD Amends Section 8-8-6.B. as follows: 1. Within Zone 1 of an APA, no changes in land use shall be allowed nor shall permits for construction activity or business licenses be issued if the Utility finds that the proposed land use. activity. or business is likely tofinding .- • -e= e _ - •• - _ - --- - impact the long term, short term or cumulative quantity-or quality of the aquifer. The finding,shall be based on the present or past activities conducted at the site,facility; hazardous materials mated substances that will be stored, handled, treated, used or produced; and the potential for the land use. activity. or business - - ' ' .=- - _- - - _- -- -- - - -_- to degrade groundwater quality. 2. Changes in land use and types of new facilities which are prohibited within Zone 1 of an APA include, but are not limited to, any use or facility in which more than 500 gallons of hazardous material in aggregate quantities will be present onthe premises at any one time. Of the 500 gallons. not more than 150 gallons in aggregate quantities may be present at any one time that was produced or treated or that will be used or dispensed on the premises. Containers of hazardous material exceeding 5 gallons in size will not be allowed to be stored on the premises. - - -- -e - - =e -- -- - ---- - - - - - _-, _- _-, - - - - - -- - -- _ = - -- =, - - - -- ficovision7 3. The conversion of heating systems to fuel oil or the installation of new fuel oil heating systems in Zone 1 of the APA after the effective date of this Ordinance is prohibited. 4. The following specific changes in land use and types of new facilities will be prohibited within Zone 1 of an APA: Surface impoundments (as defined in WAC 173-303 and 304); waste piles (as defined in WAC 173-303 and 304); hazardous waste treatment, storage, and disposal facilities; all types of landfills including solid waste landfills; transfer stations; septic systems; recycling facilities that handle hazardous materials underground hazardous material storage facilities; land uses and new facilities that will use. store. treat. handle. and/or produce perchloroethylene: and petroleumproduct pipelines. [Remainder of section unchanged.] Rationale. It is difficult and time-consuming to make a finding of"no risk"for every new development or business license application. It is easier to accomplish the intent of the ordinance if the Utility simply has the authority to restrict or prohibit development that is found to pose a significant risk. The word "quantity" is deleted because land uses in Zone 1 don't significantly affect recharge of the aquifer. The term "underlying permits" is substituted for "construction activities" because it is defined very broadly in the code and would include construction activity and other activities that could pose a risk. The reference to business page 4 licenses is included because new activity in an existing building is the most common type of change during which new risks can become established. Changes are proposed in the second paragraph in order to establish a more reasonable compromise between risk and the impacts of prohibiting location of new facilities in Zone 1. Currently, the code prohibits new facilities in Zone 1 if more than the de minimus amount (5 gallons of any one substance or 20 gallons aggregate) of hazardous material will be present. Items offered for sale in containers of 5 gallons or less in size are exempt. The amendment would make the code more reasonable by allowing new facilities that meet the proposed threshold. We are presently excluding facilities from Zone 1 that would offer economic development in the downtown area without presenting a significant risk to the aquifer. For example, we effectively exclude a large office building, the operation of which requires hazardous materials to treat air conditioning systems, keep the building clean, maintain mechanical equipment, and operate office equipment. The nature and quantity of the substances present can be effectively managed to reduce risk to a minimal level. Barriers to location in Zone 1 for low-risk facilities would be removed by adoption of this amendment. For example, office buildings, retail establishments, food and beverage service establishments, hotels, entertainment complexes, mini-marts, and antique shops would usually be allowed. The code would continue to exclude higher-risk facilities such as gas stations, large vehicle-repair facilities, large printing services, and other facilities where large quantities of hazardous material are present. While this amendment establishes a location threshold that isless stringent than the one presently in effect, the proposed threshold would still be more stringent than the relocation threshold proposed in Amendment#1. The overall threshold of 500 gallons is the same for both location and relocation but the location threshold includes a provision that would limit to 150 gallons the amount of hazardous material that will be opened on the site and used or otherwise handled. Also, containers greater than 5 gallons in size would not be allowed. Adoption of a location threshold that is more stringent than the relocation threshold is consistent with the Utility's goal to reduce future risks to the aquifer. The 150 gallon limit on hazardous materials used, dispensed, treated, or produced is proposed because of the greater likelihood of spills as compared to simple storage. The 5 gallon container size limit is proposed to prevent further accumulation of large drums and tanks in Zone 1. Large containers have the potential to leak substantial quantities of hazardous material if the container fails or is knocked over. The words"hazardous material" are inserted due to a change in terminology proposed in Amendment#8. The rationale for the ban on perchloroethylene is provided with Amendment#1 above. page 5 AMENDMENT#3. PARTIALLY REPEALS HAZARDOUS MATERIAL SALES EXEMPTION Amends 8-8-3.H.1. as follows: 3. Hazardous materials offered for sale in their original containers of five (5) gallons or less shall be exempt from Section 8-8-6.A.1. of this Chapter. Rationale. The purpose of this amendment is to provide increased protection',of the aquifer by expanding the applicability of the code to facilities that sell hazardous materials. The impact of this amendment on existing facilities is that those who are currently exempt would be subject to Operating and Closure Permit conditions but not to relocation requirements. Facilities established in the future would also be subject to Operating and Closure Permit requirements although by Amendment#2 above their inventory would be restricted to 500 gallons. Numbering is changed to be consistent with other proposed changes to 8-8-3.H. described in Amendment#5. It is inconsistent to regulate facilities that use hazardous materials on their premises but exempt facilities offering hazardous materials for sale. Both types of facilities would present a risk to the aquifer during a disaster such as a flood, earthquake, or fire when containers could be damaged or be jarred open. Although there is a greater risk of spills on a daily basis when hazardous materials are temporarily opened on the premises, our experience with APA facilities has shown that containers are nearly always kept tightly closed and the amounts withdrawn are either very small or are immediately dispensed into other containers, such as vehicular tanks and small reservoirs. Facilities in Zone 1 that would be affected by this amendment are Dunn Lumber, Parker Paint, and Stoneway Concrete. Stoneway already has an operating permit but a portion of their inventory that is now exempt would be regulated. There are many facilities in Zone 2 that would be affected. The impact of this amendment on any one facility would be minimal. Operating permit conditions consist of basic good hazardous material handling and storage practices. There is no fee for the permit. Facilities would be required to: • Provide an inventory of hazardous materials (the inventory already provided for the Fire Department would be used); • Meet requirementsfor storage of hazardous materials, readiness to manage spills, spill reporting, employee training, and hazardous waste disposal. • Remove all hazardous materials from the premises upon closure of the"facility. page 6 Another impact of this amendment is that proposed facilities that would sell hazardous materials would be subject to the aquifer protection code. By limiting exemption only to relocation requirements, all other aspects of the code apply. The effect would be that proposed facilities that would sell unlimited quantities of hazardous materials in small containers would be restricted from locating in Zone 1. The Utility favors this change because it is consistent with our intent to reduce future risk to the aquifer. Existing facilities that sell hazardous materials would also be subject to limits placed upon inventory increases as per Amendment#4 below. AMENDMENT#4. ADDS A PROVISION FOR LIMITED EXPANSION OF HAZARDOUS MATERIAL INVENTORIES IN ZONE 1 Amends 8-8-6.B.7. as follows: In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the quantities of hazardous materials stored, handled, treated, used, or produced in excess of quantities reported in the initial Aquifer Protection Area Operating permit with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount allowed for a new facility in Zone 1 as provided by 8-8-6.B.2. of this Chapter unless Rationale. This amendment would allow existing facilities to increase inventories to the same. level allowed for a new facility under the modified location threshold discussed in Amendment#2. The phrase "unless granted a special permit" is not necessary. Section 8-8=21 Modifications, Waiver, Alternatives, and Tests allows for special circumstances to be considered. AMENDMENT#5. ADDS NEW EXEMPTIONS AND MODIFIES EXISTING EXEMPTIONS Amends Section 8-8-3.H. as follows: H. Exemptions: Exemptions are as specified in this subsection unless the Utility determines that a hazardous material. activi y. and/or facility that is exempt pursuant to this section has a significant or substantial potential to degrade groundwater quality. then the Utility may require compliance with the requirements of this Chapter otherwise relevant to that hazardous material. activity, and/or facility. Such determinations will be based upon site and/or chemical-specific data and shall be eligible for appeal pursuant to Section 8-8-22 of this Chapter. 1. Use. storage. and handling of specific hazardous materials that do not present a risk to the aquifer as determined and listed by the Utility is exempt from all regulation under this Chapter with the exception of the requirement to list these hazardous materials on the Hazardous Materials Inventory Statement as provided by Section 8-8-10.A.1. page 7 2. Hazardous materials stored in tanks that are subject to regulation by the Washington Department of Ecology under Chapter 173-360 WAC are exempt from containment requirements in Section 8-8-6.F.1. 3. Hazardous materials offered for sale in their original containers of five (5) gallons or less at facilities existing on the effective date of this Chapter shall be exempt from Section 8-8-6.A.1. of this Chapter pertaining to removal of facilities in Zone 1. 4. The following are exempt from Operating Permit requirements in Sections 8-8-6.F., 8-8-7.F.. 8-8-9. 8 8-10. A. through G.. 8-8-11. and 8-8-12. Closure Permit requirements in Section 8-8-14. the requirements pertaining to review of proposed facilities in 8-8-6.B. and 8-8-7.B.. and the requirements pertaining to removal of existing facilities in Section 8-8-6.A.1. a, Hazardous materials use. storage. and handling in de minimus amounts (aggregate quantities totaling twenty (20) gallons or less at the facility or construction site). b. Non-commercial residential use. storage. and handling of hazardous materials provided that no home business (as defined by Title 4. Chapter 31 of the Code of the City of Renton) is operated on the premises. c. Hazardous materials in fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle, d. Fuel oil used in existingheating systems. e. Public interest emergency use. storage. and handling of hazardous materials by governmental organizations, f, Hazardous materials used. stored. and handled by the City of Renton in water treatment processes and water system operations. g. Fueling of equipment not licensed for street use provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into contact with soil. surface water. or ground . water except for refueling associated with construction activity regulated by Section 8-8-6.E. of this Chapter. h. Hazardous materials contained in properly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part of routine use. H. Exemptions: page 8 Chapter. 822 of this Chapter • - -- - - =e .. . e_ - - - -- - -=e • - - -- - - - - - --- =e - - - - - • - -1 Amends Section 8-8-10 A.1. as follows: 1. A list of the names and volumes or weights of all hazardous materials rebated substances which are stored, handled, treated, used, or produced at the facility being permitted. (Weights will be converted to volumes for purposes of determining whether de minimus amounts specified in Section 8-8-3.H.2,b, are exceeded. Ten (10) pounds shall •e consid- es esu-1 o on- 1 •allon •- - - - _- - _- _ •- _ - _ ••••••• — - - - page 9 Rationale: The opening paragraph is an amended form of former exemption number 6. It was amended because the exemptions in the subsequent list are not only from permitrequirements, but location and relocation requirements. It is placed at the beginning of the section since it is a qualifying statement rather than an exemption. Specific rationale for additional exemptions and changes to exemptions are provided below. Exemption 1. provides a simple way to exempt from regulation those substances that classify as hazardous materials under the Uniform Fire Code but do not present a risk to the aquifer. Examples include compressed gases such'as.argon, carbon dioxide, and oxygen that would be included in the inventory of hazardous materials but would be exempted from regulation by the Utility for purposes of aquifer protection. These gases may constitute the bulk of a facility's hazardous materials inventory and are indeed hazardous from a physical safety standpoint, but they do not present a risk to the aquifer. Such materials should still be listed on the Hazardous Materials Inventory Statement when an operating permit is applied for since the HMIS is used by both the Fire Department and the Utility. Exemption 2. Underground storage tanks (UST) containing hazardous materials are regulated by the Washington Department of (Ecology) and our Fire Prevention Division. Tank owners are currently nearing the end of a multi-year effort to come up to state requirements for spill and overfill protection, corrosion control, and leak detection. Most tank owners have removed and replaced existing tanks rather than try to comply with the new requirements. The City's Secondary Containment Ordinance implemented by Fire Prevention has, furthermore, required all existing tanks in Zone 1 to be removed and replaced with double-wall tanks and all new tanks in Zone 2 to be similarly upgraded. New USTs are not allowed in Zone 1. Therefore, we do not need to regulate underground storage tanks that arealreadyregulated by Ecology. Exemption 3. The rationale for this change was described in Amendment#3. Exemption 4.a. makes it much easier to determine and communicate to facility owners when a permit is required. (Please refer to original exemption 2. for comparison.) It really makes no difference if spilled hazardous material consists of one chemical or several. The aquifer is still potentially contaminated. Therefore, there should be one regulatory threshold for single and multiple substances. The exemption for the portion of a product that is.not a hazardous material is deleted for several reasons: 1. It is standard practice among Fire Prevention Bureaus in the United States and among technical experts to determine whether a product is hazardous based upon the chemical and physical properties of the product as a whole. The references that are available for classifying chemicals to determine if they are hazardous are based upon this premise. The amendment proposes a standard that is consistent with nationally recognized technical standards and is consistent with our Fire Prevention Bureau. 2. It is very difficult for the Water Utility to coordinate with the Fire Prevention Bureau if the we discount a percentage of a hazardous material and they do not. It is difficult for the facility owner to keep track of the two different systems of accounting for the total hazardous substance inventory. page 10 3. It is a tremendous amount of work for both the Water Utility and the facility owner to determine the volume of hazardous material in each product from a list of ingredients expressed in percent. Our analysis of the impact of this change on facilities indicates that it will make little difference, i.e. will not push any facility above the relocation threshold when it would otherwise not have exceeded this threshold. Exemptions 4.b. through 4.h. are essentially the same as the original code. The specific references to liquids (gallons) and solids (pounds) in Section 8-8-10 A.1. are deleted for simplification. Most hazardous materials in the APA are liquids. A conversion factor of ten pounds to one gallon is widely used by Fire Prevention Bureaus nationwide and by the federal and state occupational safety and health agencies. Hazardous materials would still be reported as solid or liquid on the inventory. The conversion would be done by staff in determining whether a facility exceeds the permit, location, and/or relocation thresholds. Hazardous materials would still be reported as solid or liquid on the inventory. The conversion would be done by staff in determining whether a facility exceeds the permit, location, and/or relocation thresholds. AMENDMENT#6. MOVES BACK DUE DATE FOR OPERATING PERMITS IN ZONE 2. Amends Section 8-8-3.D. as follows: Existing facilities located in Zone 2 of an APA must file.an APA Operating Permit or Closure Permit application with the Utility by February 28. 1998 . Facilities located in Zone 2 of an APA must comply with the permitting requirements of this chapter including construction, containment, monitoring, and inspection, and must have an approved Hazardous Materials Management Plan by May 1, 1998 4997. Rationale. We have chosen to implement the code using a technical assistance approach. Additional time is needed to assist facility owners in understanding and complying with the code requirements. We have completed initial outreach to all facilities in Zone 1 and Zone 2. Inspections have been completed and Operating Permits have been issued to those facilities in Zone 1 that were determined to require a permit. As of this writing about one third of the facilities in Zone 2 that were determined to require a permit have obtained one. A current status report is available on a weekly basis. We expect to receive permit applications and issue permits to the remaining facilities in Zone 2 by the dates indicated. A Water Utility Inspector has contacted facility owners by telephone and is doing on-site inspections of those expected to need the permit. page 11 AMENDMENT#7. MODIFIES RELOCATION INCENTIVES Amends Section 8-8-6.A.3. and 4. as follows: 3. The City is offering relocation incentives to existing facilities in Zone 1 of an APA that. due to the provisions of Section 8-8-6.A.1.. will relocate outside of Zone 1. These incentives include: --=, - - = - - -- - -- -- - - =- - -- - -=- - - - • e - --- = - - - -= - a. Waiver of System Development Charge - e=-•- - •• - - =- •- - - e= fees if relocation is within the City of Renton limits and occurs by September 30, 1999 within-5 • b. • •= - =- - - • - - =- . = e_ = - e= -•• - - - -- •- = The City shall pay 60% of documented relocation expenses up to $60,000 if an owner files an intent to enter into a business relocation assistance agreement with the Utility prior to September 30. 1998. - = -- =. - = = • =_ • = - - = - -= ••• - - - -- - = -• .a. *II - - ____ __ _ =e _ ___ '-- _ e:-.=_ _ : : :Thee!.: Payment shall be made only if relocation is within the City limits of Renton and a valid claim is submitted by September 30, 1999. 4 Timing of payment of relocation expenses and completion of other specific requirements shall be made according to the administrative rule to be adopted by the Administrator. -Te • 4. Once a facility in Zone 1 is closed, relocated, or the use of hazardous materials regulated substances is terminated, reinstatement of the use of hazardous materials regulated substances on the site in quantities greater than that allowed for new facilities locating in Zone 1 as described in Section 8-8-6.B.2. shall be prohibited. Rationale. Clarification isprovided that the relocation assistance is provided only to facilities that choose to relocate due to quantities of hazardous materials that exceed the relocation threshold for Zone 1. We have extended the time period during which the System Development Charge is waived and the maximum incentive payment offered because facility owners who are aware that the City is considering code amendments have chosen to wait and see if they will actually have to leave. We have also extended the time period during which facility owners may notify us of their intention to participate in the relocation incentive program. The declining compensation schedule is deleted to simplify the incentive program and to encourage facility owners to commit as soon as possible to relocate. It is in the best interests of the Utility for the relocation to occur sooner rather than later. Specific dates for notification, relocation, and filing a claim are added in order to avoid confusion. page 12 Part 5. ensures consistency with the proposed location threshold. Note: The proposed dates in this amendment may need to be adjusted depending on when the Council acts on proposed code amendments. AMENDMENT#8. SUBSTITUTES THE TERM "HAZARDOUS MATERIALS" FOR THE TERM "REGULATED SUBSTANCES". Adds a new term to Section 8-8-2 as follows: HAZARDOUS MATERIALS means those chemicals or substances which are physical or health hazards as defined and classified in Article 80 of the Uniform Fire Code as adopted or amended by the City whether the materials are in usable or waste condition: and any material that may degrade groundwater quality when improperly used, stored. disposed of. or otherwise mismanaged. Exhibit 1 to this Chapter provides a list of common substances that may be hazardous materials. Article VI-A of the Uniform Fire Code provides further information. explanations. and examples of hazardous materials. Amends Chapter 8 and other Chapters of City Code as follows: Replaces the term "regulated substance" with the term"hazardous material"throughout this Chapter and in other Chapters of City Code as needed. Amends Exhibit 1. as follows: EXHIBIT 1 Generic Hazardous Materials List (Remainder of Exhibit 1 remains the same.) Deletes Section 8-8-2.S. below: • . _ - •t _•e - • - - '-- - - - -= - . .. --- --- - - - • - • �- - _ - - = e - a - •e ..e - - - - - - - -- - ft --- --- • page 13 • • .• • •• 4 • a - . • _ . . . . • ■' .. . . . .. . . .. .. . . .. . e. 173 303 101, 173 303 102, or 173 303 103. waste. Rationale: The amendment redefines the substances regulated by the Code to be consistent with the City of Renton Fire Prevention Bureau, national standards, industry training programs, the Local Hazardous Waste Management Program, and local governments in this region. The aquifer would receive commensurate protection under the proposed definition because the Uniform Fire Code definition of hazardous materials incorporates all of the substances listed by the other regulations cited in the original definition of a regulated substance. Both the Water Utility and the Fire Prevention Bureau are responsible for implementing hazardous materials requirements in the City. We want to be able to use a common form to obtain the inventory of hazardous materials. Each agency can then use it as a basis of evaluation and compliance with regulations. The substances potentially regulated by the two agencies will be the same if the amendment is adopted with the exception that the Administrator may include a material that does not classify as hazardous according to the fire code but which may present a risk to the aquifer. This will not preclude us using the same inventory form because the need to inventory other substances will rarely occur and can be handled as an exception. page 14 Administrative authority to exempt hazardous materials from regulation if they do not present a risk to the aquifer was explained in Amendment#5 (proposed Exemption H.1.). It is necessary to implement both aquifer protection and fire code requirements that regulate approximately the same substances because the fire code does not provide for adequate protection of the aquifer in the following ways: 1. Quantity thresholds for regulation under the fire code are often much higher than those required for aquifer protection. 2. The current Uniform Fire Code applies only to new facilities. It may be applied toexisting facilities under certain circumstances but this is rarely done in practice. 3. The Uniform Fire Code does not require secondary containment and other best management practices for some of the chemicals that we are concerned about. Exhibit 1 was amended to be consistent with Amendment#5. AMENDMENT#9. REMOVES ENVIRONMENTALLY SENSITIVE AREA DESIGNATION FROM AQUIFER PROTECTION AREA; REINSTATES CATEGORICAL EXEMPTIONS TO ENVIRONMENTAL REVIEW. Deletes Section 8-8-5.C. as follows: • . - - - - • - • . . •!_ -•• - , -�� , - , - , • - , ' -, -, 7 - •1 _ -e - - - - 7 - -- - • - - - • - - - -- Rationale: The current aquifer protection code requires environmental review for many small, very low risk development projects that are exempt from SEPA in other parts of the City. This amendment reinstates the exemptions to SEPA review for these projects. Additional environmental review required by the current aquifer protection code is not necessary from the standpoints of environmental risk, use of staff resources, and the applicant's expense. Projects that fall into the exemption categories to be reinstated do not pose any special risk to aquifers or are already adequately covered by the aquifer protection code and other local and state regulations. Examples include residential and small commercial construction, licenses to operate amusement activities, and sale or purchase of public property. One project type that is exempt and does pose a risk to the aquifer is the installation and removal of underground storage tanks less than 10,000 gallons in size or importing of fill for projects less than 500 cubic yards. Existing regulations, however, adequately address the former. The latter would be addressed adequately if Amendment#15 is adopted. page 15 AMENDMENT#10. DELETES REQUIREMENT FOR SITE PLAN REVIEW IN THE APA. Deletes Section 8-8-6.B.6. Rationale. The Section is deleted because it creates the impression that all development in the APA is subject to site plan review, which is not the case. Section 4-31-33 of the building code clearly states when site plan review is required. Projects in . the Light and Heavy Industrial Zones of the APA are subject to site plan review as are proposals for hazardous waste treatment, storage, and disposal facilities. This amendment does not change existing site plan review requirements. AMENDMENT#11: PROVIDES FOR PERMIT SUSPENSION, REINSTATEMENT, ADMINISTRATIVE HEARINGS, AND APPEALS AND CLARIFIES PERMIT REVOCATION PROCEDURES Amends Section 8-8-15 ENFORCEMENT as follows: A,. Authority. Appeals. and Violations The Utility shall be the administering agency and shall have the power and authority to administer and enforce the provisions of this Chapter. A party aggrieved by the decisions of the Utility in administering and enforcing the provisions of this Chapter may request review and determination by the Administrator. A party aggrieved by a determination of the Administrator may appeal the administrative determination to the Hearing Examiner. - - '• - - - = = - -- • - - - - = - - - Noncompliance with the provisions of this Chapter is a violation. B. Inspections The Utility shall have the right to conduct inspections of facilities at all reasonable times to determine compliance with this Chapter. All permitted facilities in an APA will be subject to a minimum of one inspection per year by a Water Utility inspector or designee. By the fifth year following the effective date for permit applications, all permitted facilities in Zone 1 of the Aquifer Protection Area will be subject to monthly inspections by a Water Utility inspector or designee to determine compliance with the provisions of this Chapter. • page 16 • AMENDMENT#11 (CONT.) C Operating Permit Suspension The Utility may. without warning or hearing. suspend an operating permit if continued operation of the facility constitutes an immediate threat to the aquifer or if violations have not been corrected within the time specified in an inspection report. Suspension is effective upon service of notice in writing to the owner or the person in charge at the facility that the permit is immediately suspended and that an opportunity for a hearing on the validity of the suspension will be provided if a written request for hearing is filed with the Administrator by the owner within ten (10) days after the suspension. The filing of a written request for hearing shall not stay the effectiveness of the suspension. When an operating permit is suspended. facility operations shall immediately cease. D Operating Permit Reinstatement After Suspension The owner whose operating permit has been suspended may submit to the Utility, within ten (10) days of notice of permit suspension or within twenty (20) days of a hearing, if one is requested. a written application for an inspection and reinstatement of a suspended permit. The application shall include a statement signed by the applicant that. in his or her opinion. the conditions causing suspension of the permit have been corrected. The Utility shall. within five (5) working days following the receipt of the application, inspect the facility. The permit shall be reinstated within five (5) working days of the inspection if the facility is in complete compliance with this Chapter as determined by the Utility. E., Operating Permit Revocation The Utility may revoke an operating permit if the owner does not apply for a reinspection or hearing within ten (10) days of permit suspension. if the owner does not apply for a reinspection within twenty (20) days of a hearing. for repeated violations of any of the requirements of this Chapter. for interference with the Utility in the performance of duty. for submitting false or inaccurate information. and for intentional unauthorized release of hazardous materials within the APA. Prior to revocation. the Utility shall notify. in writing, the owner of the specific reason(s)for which the permit is to be revoked and that the permit shall be revoked at the end of the tenth (10th) day following service of such notice unless a written request for hearing with the Administrator is filed with the Utility by the owner within ten (10) days after the date of service, in which case the revocation shall be stayed until the issuance of a final decision following the hearing. page 17 AMENDMENT#11 (CONT.) The decision as to whether an unauthorized release of hazardous materials by the owner was intentional shall be made by the Administrator of the Department of Building/ Planning/ Public Works or his or her designee. F. Application for Closure Permit Following Operating Permit Revocation The owner of a facility whose operating permit has been revoked shall immediately apply for a Closure Permit and shall comply with closure requirements and closure permit conditions according to a schedule determined by the Utility. G. Application for Operating Permit Following Revocation The owner of a facility for which the operating permit has been revoked may make written application fora new permit. The owner of a facility for which the operating permit has been revoked for reasons including but not limited to accidental or intentional unauthorized release of hazardous materials into the APA may be permanently banned by the Administrator from obtaining an operating permit for the same facility or another facility at any location in the APA. pe older4 • • Ordinance; or - - - - page 18 AMENDMENT#11 (CONT.) • Rationale. Part A. was amended to clarify that administration and enforcement of the Aquifer Protection Code by the Utility is subject to administrative review and appeal to the Hearing Examiner. The phrase relating to inspections is moved to B. with other inspection provisions. Part C. and D. are added to provide for permit suspension process that precedes permit revocation. Proposed suspension procedures offer both protection of the aquifer from activities which are an immediate risk and fairness to facility owners in that they may apply for prompt reconsideration. Provisions for reinstatement of the permit after suspension provide another chance to owners who have previously failed to comply. Permits would only be reinstated if the facility complies with the regulations. The option to revoke a permit (Part E.) remains for unresolved permit suspensions and more serious or repeated violations. Owners whose operating permit has been revoked may apply for another permit as provided in Part G. Permits will be granted only for full compliance with the code. Permits may be denied to persons who have intentionally dumped chemicals in the APA and to those whose history of violations indicates that they pose a serious risk to the aquifer. Part F. is included to address the likelihood that hazardous materials remain on the site after permit revocation. Much of the language proposed for both permit suspension and permit revocation procedures is similar to that used by public health department regulatory programs. These programs involve the issuance of operating permits to facilities such as food service establishments, meat markets, and public swimming pools. Procedures described have been used successfully for many years in King County and other areas of the state to enforce public health regulations. • page 19 • AMENDMENT#12: EXPANDS MONITORING AND OTHER SPECIAL REQUIREMENTS FOR EXISTING FACILITIES REMAINING IN ZONE 1 AFTER FIVE YEARS Amends 8-8-6.F.7. as follows: 7. Additional Operating Permit Requirements for Zone 1: By the fifth yearfollowing the effective date for permit applications, owners and/or-operators shall complete the following: a. Site Groundwater Monitoring: For facilities located in Zone 1 of an APA, an owner/operator of a facility may, at their its own expense, be required to institute a program to monitor groundwater. surface water runoff. and/or site soils. The Utility may require that the owner of a facility install • one or more groundwater monitoring well in a manner approved by the Utility in order to accommodate the required groundwater monitoring. Criteria used to determine the need for site monitoring monitoring FAGRitegiFewelis shall include, but not be limited to, the proximity of the facility to the City's production or monitoring wells, the type and quantity of hazardous materials on site, and whether or not the hazardous materials regulated substances are stored in underground vessels. Every owner required to monitor groundwater. surface water runoff. and/or soils shall perform such monitoring semi-annually and obtain independent analytical results of the presence and concentration of those chemicals identified by the Utility in the Operating Permit (including breakdown and transformation products). The analytical results shall be obtained through the use of Department of Ecology-approved methods for water and/or soils. The results shall be filed within ten (10) days with the Utility. _ _ - __ _' __ _ _ _ _ _ _ - _ _ _ ' - . - - -= -= -- - - - - - - - - - -- - • - - - . - , • - - - - -• e_ - - _e-- e - - 72 hours with the Utility b. Site Improvements. (1) For facilities located in Zone 1 of an APA, the owner/operator may be required to shall pave all currently unpaved areas of their facility that are subject to any vehicular use or storage, use, handling, or production of hazardous materials . (2) For those facilities located in Zone 1 of an APA in which the nature of the business involves the use of hazardous materials outside of fully enclosed structures, the City shall evaluate the existing stormwater collection and conveyance system, and reserves the right to require the owner/operator to upgrade the system to meet the provisions.of Subsection 4- 22-8.C. of Chapter.22, Storm and Surface Water Drainage. of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton"Chapter page 20 • Amends 8-8-6.F.7. (cont): (3) For those facilities located in Zone 1 of an APA. the City may require the owner to test interior wastewater plumbing and the building side sewer for tightness according to Section 8-8-6.D.2 of this Chapter and reserves the right to require that such wastewater conveyance be repaired or replaced according to Section 8-8-6.D.1. of this Chapter. c. Capital Cost Reimbursement for Additional Operating Permit Requirements. The City shall pay 50% of documented capital costs up to $25,000 for required installation and construction of monitoring wells, site paving, wastewater conveyance. and stormwater improvements as required in Section 8-8-6.F.7.a. and b., Payment by the City shall be made according to adopted administrative rules. Amends Section 8-8-12 as follows: SITE GROUNDWATER MONITORING PLAN: A. If a facility is required to perform site monitoring wclls pursuant to Section 8-8-6.F.7.a. then a Site Groundwater Monitoring Plan will be required. This plan must indicate procedures to be followed to assess groundwater. surface water runoff. and/or soil quaky for concentrations of those chemicals identified by the Utility in the Operating Permit. If a groundwater monitoring program is in effect per the requirements of 40 CFR 264 or 265, and this program includes all of the chemicals identified in the Operating Permit, then it shall • be incorporated into the Site Monitoring Plan which shall also include provisions to address the groundwater monitoring requirements of Section 8-8-6.F.7.a and Section 8-8-13.D of this Ordinance. Ordinance. Rationale. Monitoring requirements are expanded in 7.a. to include soil and surface water runoff in addition to groundwater. Any of these three media may be contaminated due to an unauthorized release and may transmit the contamination to the City drinking water supply. The turnaround time for sample results was lengthened because facility operators pointed out to us that the turnaround time we were asking for is expensive and unnecessary. We agreed given that the monitoring in question is routine rather than emergency. 7.b.(1) is amended to give the Utility the flexibility to require site paving as the situation warrants rather than requiring it in all situations. 7.b.(2) is amended to correct a citation error. 7.b.(3) is included because leaking wastewater pipes provide an avenue for wastewater, including hazardous materials that are legally or illegally disposed into the sanitary sewer, to contaminate the aquifer. The City has already replaced sewer pipes in the most critical areas over the aquifer. The replacement program will be made more effective by adoption of this amendment. page 21 • Section 8-8-12 is amended to be consistent with 8-8-6.F.7. AMENDMENT#13. PROHIBITS UNAUTHORIZED RELEASE OF HAZARDOUS MATERIALS AND ASSIGNS RESPONSIBILITY FOR CLEANUP Amends 8-8-2.V. as follows: • UNAUTHORIZED RELEASE means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a hazardous material - - - - -e- - - _ • - -• e— - - • - - -- - • • _ - =", into the air, into groundwater, surface water, surface soils or subsurface soils. Unauthorized release does not include: intentional withdrawals of hazardous materials for the purpose of legitimate sale, use, or disposal; and discharges permitted under federal, state, or local law. Amends Section 8-8-13 UNAUTHORIZED RELEASES as follows: A. Unauthorized Release Prohibited. Reporting Required Hazardous materials shall not be spilled. leaked. emitted. discharged. disposed. or allowed to escape or leach into the air. into groundwater: surface water. surface soils or subsurface soils. Exception: Intentional withdrawals of hazardous materials for the purpose of legitimate sale. use, or disposal and discharges permitted under federal. state. or local law. All unauthorized releases as defined in Section 8-8-2.V. shall be reported to the Utility within twenty-four(24) hours g discovery that the release has occurred. subsection. Unauthorized releases shall be reported by the person or persons responsible for the release and/or the owner of the property on which the release has occurred. - - - ' _- - - - - - -_ --- - _- •• _ - _ - - -=- - feporting4 page 22 AMENDMENT#13 (CONT.) • feleased: b. Method of cleanup. substances: page 23 • AMENDMENT#13 (CONT.) B.G. Unauthorized Releases From Facilities 1. Unauthorized releases requiring-reporting shall be reported to the Utility within 24 hours of discovery of the occurrence and shall be recorded in the owner's inspection and maintenance lop. 2. The report shall contain the following information that is known at the time of filing the report: a. List of type, quantity, and concentration of hazardous materials released. b. The results of all investigations completed at that time to determine the extent of soil or groundwater or surface water contamination' because of the release. c. Method of cleanup implemented to date anda; proposed cleanup actions - - - -- - • - - --- - - - •- . . -• - - - =. d. Method and location of disposal of the released hazardous material and any contaminated soils, groundwater, or surface water. e. Proposed method of repair or replacement of the containment device. f. Facility owner's name and telephone number. 3. Until cleanup is complet-, -- e= •=- - •- --= - '-- - e- : • - - =- - - -•• =e - - •- • - - - = - - ! ' • - , the owner shall submit reports to the Utility every month or at a more frequent interval specified by the Utility. The reports shall include the information requested in this Chapter. Cleanup shall be considered to be complete when. according to the best available scientific evidence. the risk of causing the City water supply to fail to meet state drinking water quality standards has been removed and the cleanup meets the Model Toxics Control Act Cleanup Regulation (Chapter 173-340 WAC). _0,1;), Semiannually, or more frequently. the Utility may shall review all site,groundwater monitoring results submitted by owners in an APA. page 24 • AMENDMENT#13 (CONT.) • - --- • standards: The.Utility may require the owner to immediately accomplish the following if a hazardous material that is listed in the Operating Permit is detected in an owner's monitoring well(s), surface water runoff. and/or site soils and the concentration exceeds Model Toxics Control Act Cleanup Standards as provided in Chapter 173- 340 WAC or if..according to the best available scientific information. the concentration may cause the City water supply to fail to meet state drinking water quality standards: - e-' - e' - •- • - - - - ' =t : =- -= e e - - - = • �•= _ • - _ _ e _ _- _ e _ _ e= -__ _ •_ _ - _ ••4 fallowing: 1. Locate and determine the source of the hazardous material detected 2. Stop and prevent any further unauthorized release(s) of the hazardous material detected, if under the control of the owner and/or operator:. 3. Comply with the requirements for an unauthorized release(s)from a facility neqUiring--reporting. The owner shall not be subject to the mandatory action specified in part C. this mandatory action if the owner can present acceptable technical data that substantiate it is not responsible for the violation. - __ _ . ' - • _ - - •••, page 25 • AMENDMENT#13 (CONT.) E.GT The facility owner or other person responsible for an unauthorized release and/or the owner of the property on which a release of hazardous materials has occurred.. shall initiate and complete all actions necessary to remedy the effects of such release on the City of Renton water supply at no cost to the City. If an unauthorized release causes oris expected. according to the best available scientific evidence, to cause - =- =- - - = -=- =- - - -- - -••:. e:•_ - - - • = e the drinking water supply of the City of Renton to fail to comply with state drinking water quality standards, and if the facility owner or other person responsible for an unauthorized release and/or the owner of the property on which the release has occurred fails to address the unauthorized release in a timely manner, the Utility or its authorized agents shall have the authority to implement removal or remedial actions. Such actions may include, but not be limited to, the prevention of further groundwater-contamination; installation of groundwater monitoring wells; collection and laboratory testing of water, soil , and waste samples; and cleanup and disposal of hazardous materials , and remediation of soil and/or ground water. The facility owner or other person responsible for an unauthorized release and/or the owner of the property on which the release has occurred shall be responsible for any costs incurred by the Utility or its authorized agents in the conduct of such remedial actions and shall be responsible for City expenses incurred due to the unauthorized release including but not limited to water supply operations. replacement of wells. and water treatment. F.# Reporting a release to the Utility does not exempt or preempt any other reporting requirements under federal, state, or local laws. Rationale. The definition of an "unauthorized release" was changed to clarify that there is no lower threshold at which release of hazardous materials into the environment is considered acceptable other than the authorized discharges noted. It was also changed to be consistent with the Uniform Fire Code which does not have a reporting threshold. The reference to "facility" was deleted because we need to be able to address spills from other sources such as individuals, vehicles transporting hazardous materials, and businesses that are not"facilities" per the code definition. The initial statement in the first paragraph of A. was added because the current code does not clearly prohibit releases of hazardous materials. We have also clarified who has to report releases of hazardous materials and when they must report. We intend for the reporting requirements to apply equally to facility operators, property owners, and others who may be responsible for an unauthorized release. All references to unauthorized releases requiring recording (former part B.) have been deleted because we don't need to know about small leaks into the containment device. It is common to see a little bit of product in the containment device from small spills associated with filling or emptying primary containers. The containment device, in such cases, is serving the purpose for which it is designed. Facility operators will be required only to report leaks escaping containment. page 26 • Proposed language in B.3. regarding the standard of cleanup is added because the Model Toxics Control Act (MICA) Cleanup Regulation doesn't necessarily provide cleanup adequate for drinking water purposes. Cleanup meeting MICA standards could fail to clean up the aquifer to the extent necessary to enable the City to meet federal and state Maximum Contaminant Levels for drinking water at the point of withdrawal of groundwater. Changes in C. are proposed because it may be too late to remedy a situation if we wait until drinking water standards are exceeded. It is better to be able to require action if hazardous materials are detected at a level that best available scientific information indicates could cause the drinking water supply to fail to meet drinking water standards. Should the substance fail to be detected in future samples, the,problem goes away. Should it continue to be detected or be detected at higher levels, we have gotten an early lead on taking action to prevent contamination of the drinking water supply. Proposed changes in E. are designed to broaden and clarify the range of impacts upon the City for which the person responsible for an unauthorized release may be liable. AMENDMENT#14: INCREASES FLEXIBILITY TO GRANT WAIVERS Amends Section 8-8-21.B. as follows: B. Requirements of this Chapter may be waived upon determination by the Department Administrator that all impacts to the aquifer would be mitigated and protective measures will meet the intent and purpose of this Chapter. Chapter. Rationale. The existing wording of this subsection gives the Administrator little flexibility to grant waivers. The phrase "meet or exceed the requirements of the Chapter" means that the applicant must either meet the requirements (in which there is no deviation from the code) or exceed the requirements, which again offers no relief in those cases where a small deviation would be acceptable, i.e. meets the intent and purpose of the code and the aquifer would be protected. The Administrator needs more flexibility to grant waivers because of the complexity of this code, the activities that it regulates, and the many possibilities for meeting the intent of the code in ways that could not possibly have been anticipated and specified in the code. page 27 • AMENDMENT#15: PROVIDES A METHOD TO VERIFY THAT ONLY CLEAN FILL IS PLACED IN THE APA Amends Chapter 10, Mining, Excavation, and Grading of Title IV(Building Regulations) of Ordinance No. 4260 known as Code of General Ordinances of the City of Renton. Amends Section 4-10-2 adding new definitions as follows: ADMINISTRATOR: The Administrator of the Department of Planning/Building/Public Works of the City of Renton. or any successor office with responsibility for regulation of mining. excavation, and grading in the City. or his/her designee. CONSTRUCTION WASTE: Building materials and other wastes associated with construction projects including. but not limited to. such materials as wood. concrete. drywall, masonry. roofing. siding. structural metal. wire. insulation. plastics. Styrofoam. twine, baling and strapping materials, cans. buckets. packaging materials, and containers. DEMOLITION WASTE: Materials found in demolished buildings. roads, and other structures including. but not limited to. concrete. drywall. asphalt. wood. masonry, composition roofing. roofing. siding. structural metal, wire, insulation. DEPARTMENT: The Planning/Building/Public Works Department of the City of Renton or any successor office with responsibility for regulation of mining. excavation, and grading in the City. LAND-CLEARING WASTE: Stumps. brush, tree branches. and other vegetation associated with land clearing. Amends Subsection 4-10-16.D. as follows: D. Fill Material: Earth materials shall have no more than minor amounts of organic substances and shall have no rock or similar irreducible material with a maximum dimension greater than eight inches (8"). Earth materials shall meet the following requir ments: 1. Construction, demolition. and land clearing waste prohibited: Earth materials shall be free of construction, demolition, and land clearing waste except that this requirement does not preclude the use of recycled concrete rubble per Washington State Department of Transportation Standard Specifications for Road. Bridge. and Municipal Construction, page 28 • AMENDMENT#15 (CONT.) 2. Cleanliness of earth materials used as fill: Earth materials shall not contain concentrations of contaminants that exceed cleanup standards for soil specified in WAC 173-340-740 Model Toxics Control Act regardless of whether all or part of the contamination is due to natural background levels at the source site. For project sites located in Zone 1 of the Aquifer Protection Area. earth materials shall not contain detectable concentrations of petroleum per the definition of Class 1 Soils contained in Table V. in "Guidance for Remediation of Petroleum Contaminated Soils" published by the Department of Ecoloay. Where the detection limit (lower limit at which a chemical can be detected by a specified laboratory procedure) for a particular soil contaminant exceeds the cleanup standard for soil specified in WAC 173-340-740. then the detection limit shall be the standard for earth material quality. Detection limits shall be as published by the Department of Ecoloay in the current version of 'TABLE II: SOIL, Method Detection Limits. Practical Quantitation Limits, and Comparison of Method B Values" or other source of information accepted by the Department if the Ecology publication does not address the contaminant. 3. Special requirement for projects located in Zone 1 of the Aquifer Protection Area and exceeding a total of 50 cubic yards of earth materials: A source statement certified by a professional engineer licensed in the state of Washington shall be provided to the Department and shall be reviewed and accepted by the Department prior to stockpiling or grading earth materials at the project site. The source statement shall be required for each source location from which earth materials will be obtained. The source statement shall provide the following information: a. the source location of earth materials: b. previous land uses of the source location; c, whether or not earth materials to be removed from the source location are native, undisturbed soil: d. whether or not the source location appears on government lists of contaminated sites including those developed pursuant to the state Model Toxics Control Act and the federal Comprehensive Environmental Response. Compensation. and Liability Act: e. results of sampling and analysisof earth materials pursuant to part 7. of this subsection: and f. whether or not earth materials to be imported to the project site meet fill quality standards described in parts 1. and 2. of this subsection. 4. Special requirement for projects located in Zone 2 of the Aquifer Protection Area and exceeding a total of 100 cubic yards of earth materials: The source statement described in part 3. of this subsection is required for each source location from which earth materials will be obtained. 5. Abbreviated source statement for Aquifer Protection Area: The Department may accept a source statement that does not include results of sampling and analysis of earth materials pursuant to part 7, of this subsection if it determines that adequate information is provided indicating that the source location is free of contamination, In addition to the information otherwise required by part 3. of this subsection. such page 29 • information may include. but is not limited to: a. results of field testing with instruments capable of detecting the presence of contaminants. and b. results of previous sampling and analysis of earth materials that will be imported to the project site. 6. Source statement not required for earth materials obtained from Washington State Department of Transportation approved source: The source statement described in parts 3. and 4. of this subsection is not required for those projects located in the Aquifer Protection Area if contractual documents confirm that earth materials used as fill will be obtained from a Washington State Department of Transportation approved source. 7. Sampling and analysis procedures: The professional engineer or person under the professional engineer's supervision who samples soils. oversees analysis. and prepares the source statement required by parts 3. and 4. of this subsection shall follow procedures specified in WAC 173-340-820 and 830 of the Model Toxics Control Act Cleanup Regulation and "Guidance on Sampling and Data Analysis Methods" published by the Department of Ecoloay for earth materials potentially contaminated with hazardous materials other than petroleum. Procedures specified in "Guidance for Remediation of Petroleum Contaminated Soils" published by the Department of Ecoloay shall be followed for earth materials potentially contaminated with petroleum. 8, Permittee subject to required actions after illegal placement of earth materials: A permittee who stockpiles or grades earth materials at the grading site without Department review and acceptance of the source statement required by parts 3. and 4. of this subsection or who stockpiles or grades earth materials at the grading site that do not meet the fill quality requirements of parts 1. and 2. of this subsection are subject to measures specified by the Department to reduce risk of contamination of the site due to illegal placement of earth materials. Such measures may include. but are not limited to. any or all of the following and shall be implemented at the permittee's expense; a. Provide the Department with a source statement meeting the requirements of part 3. of this subsection within a time-period specified by the Department: b. Immediately cover earth materials with a waterproof cover: c. Immediately remove earth materials: d. Installation of monitoring wells and monitoring of ground water quality; e. Remediation of contamination of the site caused by the illegal placement of earth materials according to a schedule specified by the Department and in accordance with cleanup standards for soil and groundwater described in the Model Toxics Control Act Cleanup Regulation. WAC 173-340. page 30 ;NT#15: PROVIDES A METHOD TO VERIFY THAT ONLY CLEAN FILL IS 4 THE APA 1 hapter 10, Mining, Excavation, and Grading of Title IV(Building �e ;s) of Ordinance No. 4260 known as Code of General Ordinances of the sites )ton. ;d in action 4-10-2 adding new definitions as follows: pd by 'deal RATOR: The Administrator of the Department of Planning/Building/Public 'lant ie City of Renton. or any successor office with responsibility for regulation of ;avation. and grading in the City, or his/her designee. 311 be. OIL. CTION WASTE: Building materials and other wastes associated with B n projects including, but not limited to. such materials as wood: concrete. asonry, roofing. siding. structural metal. wire. insulation, plastics. Styrofoam. 1g and strapping materials, cans, buckets, packaging materials, and containers. ON WASTE: Materials found in demolished buildings. roads, and other :d by ncluding. but not limited to. concrete. drywall. asphalt. wood, masonry, Le n roofing. roofing. siding. structural metal. wire, insulation. Lajl ENT: The Planning/Building/Public Works Department of the City of Renton or The >sor office with responsibility for regulation of mining. excavation, and grading in TARING WASTE: Stumps. brush, tree branches. and other vegetation with land clearing, g. ubsection 4-10-16.D. as follows: El Material: Earth materials shall have no more than minor amounts of organic stances and shall have no rock or similar irreducible material with a maximum tension greater than eight inches (8"). Earth materials shall meet the following • uirements: truction. demolition, and land clearing waste prohibited: Earth materials shall be ,f construction, demolition, and land clearing waste except that this requirement not preclude the use of recycled concrete rubble per Washington State Ind rtment of Transportation Standard Specifications for Road. Bridge. and Municipal traction, In page 28 page 29 • 9. Department authority to conduct independent sampling and analysis: The Department shall have the authority to enter on to private property to conduct independent sampling and analysis of earth materials. If the Department determines that earth materials do not meet fill quality standards of parts 1. and 2. of this subsection. thenit may require the permittee to accomplish any or all of the measures listed in part 8. of this subsection at his or her own expense. 10. Department authority to implement removal and remediation measures: The Department or it's authorized agents shall have the authority to implement measures listed in part 8. of this subsection if the permittee fails to accomplish such measures in a timely manner. The permittee shall be responsible for any costs incurred by the Department or it's authorized agents in the conduct of such activities. Rationale: There is currently no requirement other than Section 4-10-16.D. of the building code, shown above, that fill material meet any standard of quality. Fill material may be obtained from sites that have been used for many years by facilities that have allowed chemicals to spill onto the ground. Placement of such materials in the APA could cause contamination of the aquifer. The report required by part 3. is similar to Environmental Review Committee and Hearing Examiner conditions placed upon permits for large fill and grade projects approved by the City in recent years. They are based upon state standards for soil cleanup that are designed to prevent ground water contamination that would exceed state and federal maximum contaminant levels for drinking water. The standard for petroleum-contaminated soils follows Department of Ecology guidelines for the use of soils removed from sites that are under remediation for petroleum contamination. Reports prepared by qualified individuals according to procedures in statewide use will enable the Department to determine whether fill material is of adequate chemical quality. The • Department will have the authority to waive sampling and analysis requirements when it appears, based upon the use history of the site and readings from field detection instruments, that the source location is clean. The Department would have the authority to sample materials at a grading site. This authority is important in the APA where placement of contaminatedfill might cause contamination of the aquifer. The value of the City's drinking water supply necessitates the authority to act quickly to ascertain risk and ensure appropriate action. The permittee is held responsible for remediation of the site caused by placementof contaminated soil. However, the Department may cause remediation of the site at the permittee's expense should remediation not be implemented according to a scheduledetermined by the Public Works Administrator. The Development Services Division requested that several amendments to the grading code be introduced at this time that are not related to aquifer protection. They are: 1. All references to the "Building Department", the "Public Works Department", and the "Building and Zoning Department" are changed to "Department". "Department" is defined. page 31 • 2. All references to "Building Official" and "Director" are changed to "Administrator". "Administrator" is defined. These amendments will be shown in detail in the code version of these amendments. AMENDMENT#16. CLARIFIES TYPES OF NEW FACILITIES PROHIBITED IN ZONE 2 Amends Section 8-8-7.B. as follows: 1. Parts 8-8-6.B.1.. 3.. and 5. of this Chapter, which pertains to review of proposed facilities , in Zone 1 of an APA, also applies to Zone 2 of an APA. a !" 2 3- The following specific changes in land use and types of new facilities will be prohibited within Zone 2 of an APA: hazardous waste surface impoundments; waste piles (as defined in WAC 173-303 and 304); recycling facilities that handle hazardous materials fellated substances; hazardous waste treatment and storage facilities; solid waste landfills; transfer stations; sept and petroleum product pipelines. Rationale: This amendment clarifies types of new facilities that are prohibited in Zone 2. This amendment does not prohibit any facility that is now allowed. However, it does allow some facilities in Zone 2 that were inadvertently listed as prohibited. All of subsection 8-8-6.B. (Zone 1 requirements)was inadvertently adopted by reference for Zone 2. Parts 8-8-6.B.2. and B.4. pertain to types of land uses and facilities not allowed in Zone 1, some of which were intended to be allowed in Zone 2. Zone 2 requirements were intended to be as shown above in amended 8-8-7.B.3. Part 8-8-7.B.2. is deleted because it is redundant: The prohibition of new heating systems using fuel oil is found in 8-8-6.B.3. which was adopted by reference for Zone 2 in 8-8-7.B.1. Septic systems are deleted in 2. because Amendment#26 proposes to allow septic systems in Zone 2 if sanitary sewer is not available. page 32 • AMENDMENT#17. REQUIRES HAZARDOUS MATERIALS INVENTORY WITH APPLICATION FOR LAND USE PERMITS; DELETES REQUIREMENT FOR OPERATING PERMIT PRIOR TO CONSTRUCTION PERMIT Amends Section 8-8-6.B.5. as follows: 5. All applications for land use permits for uses in which hazardous materials are stored, handled. treated. used or produced or which increase the quantity of hazardous materials stored, handled, treated, used, or produced at a location in Zone 1 of the APA must be reviewed for compliance with this Chapter by the Utility prior to approval. The focus of review for all permits will be on the substances that will be stored, handled, treated, used or produced; and the potential.for • these substances to degrade groundwater quality. An inventory of hazardous materials on forms provided by the Utility shall be submitted to the Utility upon application for a land use permit. Where required by the Utility. plans and specifications for secondary containment shall be submitted and shall comply with Section 8-8-6.F.1. Land use permits shall not be issued until plans and specifications for secondary containment. if required, have been approved by the Utility, • e= •• _ __ _' =e e- --- - - - - - -- Amends Section 8-8-9.A. as follows: No person, persons, corporation, or other legal entities shall install-or operate a facility in an APA without first obtaining an Operating Permit from the Utility Amends Section 8-8-3.E. as follows: All proposals for new facilities within any Zone of an Aquifer Protection Area must be reviewed for compliance with this Chapter' - - e•'_ _ _ -•-•' _ _ e e= - _ _: --• e- ___ _ -*- Chapter, _Chapter, prior to issuance ofany land use permits for uses in which hazardous materials are stored. handled, treated, used or produced or which increase the quantity of hazardous materials stored. handled. treated, used. or produced. under ing-permits: Rationale: 8-8-6.B.5. This paragraph is amended to clarify which projects are affected. It also provides the Utility an opportunity to review the hazardous materials inventory prior to issuing land use permits. This will enable the Utility to prevent new facilities from locating in Zone 1 if their inventory will exceed the Zone 1 location threshold. It will also enable the Utility to determine. whether structural modifications to the plans are needed in order to provide secondary containment. The last sentence is deleted because the operating permit should not be required prior to construction of the facility. The operating permit regulates "operations" and should be required prior to obtaining the business license and commencing operations. The Utility currently has authority to review hazardous material inventories prior to issuance of a business license but page 33 • • does not have authority to require the operating permit prior to issuance of the business license. Amendment#18 below provides that authority. 8-8-9.A. This change is made for consistency. We do not want to require the operating permit prior to "installation" of the facility. The reference to permits required by the Department pursuant to the Fire Code is deleted because it refers to building permits which would, in any case, be required prior to construction. Additionally, the existing phrase would not be consistent with the new meaning of the sentence. 8-8-3.E. Changed for consistency. AMENDMENT#18. REQUIRES OPERATING PERMIT PRIOR TO ISSUANCE OF THE • BUSINESS LICENSE Amends Section 5 of Chapter 5, Business Licenses, of Title V, Finance and Business Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" as follows: REQUIREMENTS_FOR BUSINESS LICENSE APPLICATIONS WITHIN AN AQUIFER PROTECTION AREA: E. All applications for business licenses within a designated Aquifer Protection Area (Zones 1 and 2) shall be required to include an inventory of hazardous materials as defined by Section 2 of Chapter 8. quifer Protection. of Title VIII. Health and Sanitation Regulations. of Ordinance no. 4260 entitled "Code of General Ordinances of the City of Renton" if such materials will be stored. handled. treated. used, or produced to-be-used on-site. This inventory shall be on a form provided by the City and include type, quantity and form of hazardous materials . The Water Utility shall review these inventories prior to issuance of the business license. An Aquifer Protection Area Operating Permit shall be obtained prior to issuance of the business license for proposed businesses that will require one and a business that operates without an Operating Permitshal[bein violation all as provided by Section 3.A., B«and C. of Chapter 8. Title VIII. Rationale: The existing code requires that the operating permit be obtained prior to issuance of a construction permit. Amendment#17 above proposes to delete this requirement because it is not possible to confirm that operating permit requirements are met for a nonexistent operation. Amendment#18 (this amendment)would require the operating permit prior to issuance of the business license. The Utility will be able to verify that permit requirements are met prior to opening the new business. page 34 AMENDMENT#19. MODIFIES SECONDARY CONTAINMENT REQUIREMENTS Amends Section 8-8-6.F.1. as follows: 1. Secondary Containment Containment: Every owner/taper-Mew of a facility shall provide secondary containment devices adequate in size to contain on-site any unauthorized release of hazardous materials from any area where these substances are either stored, handled, treated, used, or produced. Secondary containment Containment-devices shall prevent hazardous materials from contacting soil. surface water. and ground water and shall prevent hazardous materials from entering storm drains and, except for authorized and permitted discharges.the sanitary sewer. such • Design requirements for secondary containment devices are as follows: a. The secondary containment device shall be large enough to contain 110-(one the volume of the primary container in cases where a single container is used to store, handle, treat, use, or produce a hazardous material regulated substance. In cases where multiple containers are used, the secondary containment device shall be large enough to contain 1.50 percent of the volume of the largest container • or 10 percent of the aggregate volume of all containers, whichever is greater. Volumes specified are in addition to the design flow rate of the automatic fire extinguishing system. if present. to which the secondary containment device is subjected. The secondary containment device shall be capable of containing the fire flow for a period of 20 minutes or more. b. All secondary containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any hazardous material . If coatings are used to provide chemical resistance for secondary containment devices, they shall also be resistant to the expected abrasion and impact conditions. Secondary containment Containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release. c. Secondary containment devices for outdoor storage of hazardous materials shall be covered to preclude precipitation. _ -- - - • _ __ '_= '- - __ _ - _ ' _ - be-able-to - --- •• •• --- _ _ - _ - - ::_.e• - - -- - - _ _ _ -e- t. - - -- = page 35 • AMENDMENT#19 (CONT.) • d_e Secondary containment Containment devices shall include monitoring procedures or technology capable of detecting the presence of a hazardous material regulated substance within 24 hours following a release. Hazardous materials shall be removed from the secondary containment device within 24 hours of detection and shall be legally stored or disposed. e f: The following shall be prohibited within any areas usedfor secondary containment of hazardous materials : floor drains, catch basins, or other conveyance piping that does not discharge into a secondary containment device that meets the requirements of this.Chapter. Any existing conveyance piping that is prohibited by this paragraph shall be.closet( - -- - - -- - -=- '•- - -- -=--•• ••'- - -- using procedures and designs approved by the Water Utility. f. Primary containers shall be impervious to the contents stored therein. properly labeled. and fitted with a tight cover which is kept closed except when substances are being withdrawn or used. g. Hazardous materials stored outdoors when the facility is left unsupervised must be inaccessible to the public. Such techniques as locked storage sheds. locked fencing. or other techniques may be used if they will effectively preclude access. h. Stored hazardous materials shall be protected and secured, as needed. against impact and earthquake to prevent damage to the primary container that would result in release of hazardous materials that would escape the secondary containment area. Rationale: The secondary containment requirements are meant to be as general as possible allowing innovation in order to meet the goal of preventing hazardous materials from entering the aquifer. The proposed changes maintain the spirit of flexibility whenever possible while including some specifics as needed. We are using the term "secondary containment" instead of "containment" because we have observed that people usually understand the concept more readily if we differentiate between "primary" and "secondary" containment. Rationale for proposed changes is provided below and numbered to match the section shown above in the box. 1. The language proposed is more descriptive and makes clear that authorized discharges to sewer will sometimes contain hazardous materials. a. Changes are proposed here to be more consistent with federal, state, and other local regulations including our own Fire Code. There is a need to contain the fireflow water in those facilities that have sprinklers. c. The requirement to cover outdoor secondary containment devices is included because our experience has shown that they are usually full of rainwater. It isn't possible to tell whether a leak in a primary container has occurred since a puddle of water is sitting at the bottom of the secondary containment device. Operators often assume that the liquid accumulated in the page 36 device is just rainwater and it is poured out on the ground, defeating the purpose of secondary containment. Were the opposite to be assumed, that the liquid may be contaminated, the cost of testing and disposal is substantial. It is better to prevent a problem by taking the simple and inexpensive step of covering the secondary containment device. d. The requirement for a collection system is deleted in order to allow more flexibility to operators in how they clean up spills from leaking containers. A collection device may not be needed. For example, absorbent clay granules or pads may be used to absorb hazardous materials. These can then be disposed of as hazardous waste. The requirement to promptly remove spilled substances from the secondary containment device is included because the device needs to be empty in order to be fully available to accommodate future spills. It should also be empty should a fire or other emergency occur. Firefighting liquid could cause it to overflow and carry hazardous materials into the aquifer. • e. The terms "sealed and decommissioned"were changed to "closed" to imply that a permanent technique such as pouring a concrete plug in the drain is not required. There is a need to accommodate possiblefuture uses of a space wherein a floor drain might be acceptable. We will only approve "designs and procedures"that require a substantial amount of effort to reverse, i.e. we do not want these drains to be routinely opened,and closed in areas in which hazardous materials are stored and handled. f. Important basic requirements for primary containers are added here since we sometimes see inadequate or open containers and want to be sure we have adequate provisions to address these situations. g. Secondary containment is not effective if stored hazardous materials are subject to vandalism or theft. h. Some protection against impact and earthquake is necessary. The wording here is as flexible as possible so that the Water Utility inspector can make a judgment call in the field as to whether extra protection is needed. It also allows the owner to be innovative in coming up with a means of providing the protection. An example of a situation in which securing and impact protection would be needed: An indoor above-ground double-wall tank subject to vehicle impact that is of such large size that were it compromised the contents would flow outside of the service bay and into the street or yard. AMENDMENT#20. MODIFIES CONSTRUCTION ACTIVITY STANDARDS Amends Section 8-8-6.E. as follows: E. CONSTRUCTION ACTIVITY STANDARDS The following standards shall apply to construction activities occurring in the APA if construction vehicles will be refueled on site and/or the quantity of hazardous materials that will be stored. dispensed. used. and handled on the construction site exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles will exceed the de minimus amount specified in Section 8-8-3.H.4.a, of this Chapter. page 37 1L A description of refueling of construction vehicles that will occur on the site and an inventory of hazardous materials expected to be temporarily stored, dispensed, used. or handled on the site shall be submitted to the Department prior to issuance of a permit regulating construction activi y in the APA. A hazardous materials management statement shall be submitted by the applicant that describes how requirements of this section will be met by the applicant and shall be approved by the Department prior to issuance of a permit regulating construction in the APA . The hazardous materials management statement shall briefly describe how the applicant will comply with the following requirements: al There shall be a designated person on site during operating hours who is responsible for supervising the use. storage, and handling of hazardous materials and who shall take appropriate mitigating actions necessary in the event of fire or spill. b). Hazardous material storage. dispensing. and refueling areas and. to the extent possible. use and handling areas shall be provided with secondary containment in accordance with part 8-8-6.F.1. of this Chapter. a Hazardous materials left on site when the site is unsupervised must be inaccessible to the public. Locked storage sheds. locked fencing. locked fuel tanks on construction vehicles, or other techniques may be used if they will preclude access. Ka. Construction vehicles and stationary equipment that are found to be leaking fuel. hydraulic fluid. and/or other hazardous materials shall be removed from the site and the APA or repaired in place as soon as possible and may remain on the site in the interim only if leakage is completely contained. .ems Storage and dispensing of flammable and combustible liquids from tanks. containers. and tank vehicles into the fuel and fluid reservoirs of construction vehicles or stationary equipment on the construction site shall be in accordance with these standards and the Uniform Fire Code section 7904.2. as adopted or amended by the City. f� Equipment and supplies adequate for the immediate clean-up of the worst case release shall be stored on the construction site in close proximity to hazardous materials. g), Unauthorized releases as defined in Section 8-8-2.V. shall immediately be contained. reported. and cleaned up as required by Section 8-8-13 of this Chapter. Contaminated soil. water. and other materials shall be disposed of according to state and local requirements. a Application of pesticide and fertilizer shall be in accordance with the requirements of Section 8-8-4 of this Chapter. page 38 Adds a new definition to Section 8-8-2: DEFINITIONS as follows: TANK VEHICLE means a vehicle other than a railroad tank car or boat. with a cargotank mounted thereon or built as an integral part thereof used for the transportation of flammable or combustible liquids. LP-gas. or hazardous chemicals. Tank vehicles include self-propelled vehicles and full trailers and semi-trailers. with or without motive power. and carrying part or all of the load, Amends the definition of"CONSTRUCTION ACTIVITY" in Section 8-8-2.F. as follows: F. CONSTRUCTION ACTIVITY means construction and all activities associated with construction, to include, but not be limited to, construction. remodeling. repair. and maintenance of structures, equipment. roads. and utilities: and mining; grading; landfilling; and excavating. - - _- - •e ••-•- _ - -_ - - z., _- - -- _ -e _ appurtenances,'Construction activities maybe regulated by permits issued by the City including, but notlimited to. public works construction permits. building permits. and mining. excavation. and grading permits and licenses. • page 39 • • 11 • " •• , • ,_ Amends Section 8-8-7.E. CONSTRUCTION ACTIVITY STANDARDS (in Zone 2) as. follows: Standards to be followed for any construction activity which shall be undertaken within Zone 2 of an APA e - - = - e= ••• • -• - •- e e•=- shall be as specified for Zone 1 of an APA in Section 8-8-6.E. of this Chapter. Rationale: The proposed construction activity standards will be easier to implement because they provide more definite requirements. This will facilitate permit review and enforcement. The Utility would rely on the proposed hazardous materials management statement for information necessary to determine whether a project may proceed without presenting an unacceptable risk to the aquifer.. While there are no upper limits proposed to the amount of hazardous material that may be present on a construction site, the Utility already has the authority to deny permits for construction projects that present an unacceptable risk to the aquifer. (see section 8-8-6.B.1.). Applicants would be encouraged to keep the quantity and duration of storage of hazardous material to a minimum. The management statement would be used by field inspectors to determine if the permittee is following approved conditions. Forms will be provided for the inventory and the hazardous materials management statement. These forms will direct the applicant to provide information on the hazardous materials that will be present, how they will be managed, and how refueling will be accomplished. The wording of the form will be designed to elicit information that will be used to determine the applicant's compliance with part 2. This amendment removes the requirements to bib construction equipment and to maintain a construction staging area outside of the APA. Consultations with field inspectors and public and private construction managers indicated that bibbing of mobile equipment is unworkable and that absorbent pads or other materials are more easily used to collect any leakage until such time as repair can be made. It was also stated that maintenance of a construction staging area off site was unworkable given the need for ready access to materials. A definition of"tank vehicle" is provided because this new term is introduced in part 4.e. The definition is consistent with the Uniform Fire Code. page 40 • The term "construction activity" is further defined and related to typical permits that the City issues. Section 8-8-7.E. was amended to remove the term "underlying permits" in favor of just citing the previous section and relying on terms used there, which are more specific. AMENDMENT#21. SIMPLIFIES PESTICIDE AND FERTILIZER APPLICATION REQUIREMENTS Amends Section 8-8-4. as follows: A. The application of hazardous materials such as pesticides, herbicides, and fungicides •• =- = - - , -e •-- - - --- -e' e , - -e ==- shall be allowed in an APA. except within 100 feet of a well or 200 feet of a spring, provided that: 1. The application is in strict conformity with the use requirements as set forth by the EPA and as indicated on the containers in which the substances are sold. 2, Persons who are required to keep pesticide application records by RCW 17.21.100.1. and WAC 16-228-190 shall provide a copy of the required records to the Utility within 72 hours of the application. B. The application of fertilizers containing nitrates•, - = •• • • -- - - - --:-• : -:- •- _ = - -. . - '•- - - : , shall be allowed in an APA except within 100 feet of a well or 200 feet of a spring provided that: 1. No application of nitrate-containing materials shall exceed one-half(0.5) pound of nitrogen per one thousand (1,000) square feet per single application and OF a total yearly application of five (5) pounds of nitrogen per one thousand (1,000) square feet; except that an approved slow-release nitrogen may be applied in quantities of up to nine-tenths (0.9) pound of nitrogen per one thousand (1,000) square feet per single application and,Of eight (8) pounds of nitrogen per one thousand (1,000) square feet per year; and 2. Persons who apply fertilizer containing nitrates to more than one contiguous acre of land located in the APA either in one or multiple application(s) per year Applicators Operating-Perfnit shall provide to the Water Utility within 72 hours of any application the following information: a. The name, address. and telephone number of the person applying the fertilizer, b. The location and land area of the application: page 41 • c. The date and time of the application: d. The product name and formulation: e. The application rate. . . .. Deletes Section 8-8-10.H. shown below: 1. A list of the names and chemical content of each regulated substance used fer-this-purpose:- 3. A Regulated Substances Management Plan that includes procedures for substances. • 5. An annual modified Operating Permit covering all application operations of Amends Section 8-8-10.A. as follows: A. The Operating Permit application - e= •• _ _ •= -•-•- =-, - =-, - = ' = - -e' -•'•'e -• - =- shall include at a minimum: Rationale: The Water Utility proposes this amendment in order to more easily achieve our objectives in relation to pesticide and fertilizer use in the APA and to more effectively coordinate with the Washington State Department of Agriculture (WSDA) regulatory program. Our objectives are: 1. To minimize pesticide and fertilizer use in the APA; 2. To educate residents and commercial applicators regarding: page 42 • . i • a) The location of the aquifer and it's susceptibility to contamination; and b) How to minimize use of pesticide and fertilizer. 3. To compiledata on the use of pesticide and fertilizer in the APA that will enable us to determine whether our risk management program is adequate. , The Water Utility proposes to increase emphasis on education and negotiation in working toward these objectives and to reduce emphasis upon regulation. This amendment is consistent with the shift in emphasis and it's adoption will enable the Utility to achieve objectives with less interruption of business activities in the APA and with less time spent by Utility staff. Specific changes in the code are described as follows: A. The reference to specific uses is deleted because the WSDA recognizes many use categories. It would be impractical to list all of them. The proposed change in the wording is inclusive without listing all categories. The reference to de minimus amount is deleted because a different threshold for regulation is proposed (to be discussed below). Prohibition of use within 100 feet of a well and 200 feet of a spring is consistent with state law (WAC 246-290-135(3)(b)). A.2. It is proposed that the requirement for a Modified Operating Permit be deleted. The permit, as originally proposed and described more fully in 8-8-10.H., was designed as an information- gathering tool and as a means of attaining some assurance that best management practices were being used by pesticide and fertilizer applicators.. We have determined that there is a more practical way to obtain the information and that the WSDA regulatory program along with our own educational efforts should suffice to provide adequate risk management. WSDA requires applicators to keep records that contain most of the information that we want. We propose to require that the Water Utility be provided with a copy. This will necessitate getting the word out to commercial and public agency applicators, something that we think we can do fairly easily. We also intend to include an aquifer protection message with the notification. Although licensed applicators already have to pass exams and participate in continuing education including protection of groundwater, WSDA has offered to hold a special seminar for licensees who work in our APA. We would like to take them up on the offer as one of many possible non- regulatory means of attaining our objectives. B. Same rationale as A. B.1. The word "and" is substituted for the word "or" in B.2. because we have found that applicators have not understood that there is both a single application limit and an annual limit with which they must comply. B.2. The WSDA does not require a report of application of fertilizer. Therefore, in order to obtain information, we need to specify a threshold over which specific information is required. The proposed threshold for requiring reporting related to fertilizer application is one acre to be consistent with WSDA record keeping requirements for certain categories of use by persons who are not certified applicators. It is also considered to be a reasonable dividing point between very small and more significant applications. The proposed information is consistent with information required by the WSDA for pesticide applications by licensees. page 43 • All use of pesticide and fertilizer by homeowners is exempt per an amendment to Section 8-8- 3.H. Please refer to amendment#5 (Exemption 4.b.). The amended code would require information regarding pesticide and fertilizer application to be provided to the Utility after, rather than before, the application has been completed. This would not result in a loss of authority since the original code did not provide the Water Utility with authority to significantly affect an application with one exception: The Utility could and still can require modification of pesticide use that is part of a project that is subject to a City-issued land- use or construction permit. This authority, under Section 8-8-6.B.1, is unaffected by these amendments. We would know about the pesticide and/or fertilizer application in advance since it will be made part of the permit application process. Subsection C. is deleted for several reasons: • • Pesticides and fertilizer in storage at a facility are already subject to operating permit conditions; • Substances in transport are regulated by the Washington Department of Transportation; and • Storage of, accessibility to, and warning signs for pesticides are regulated by the Department of Agriculture. Subsection 8-8-10.A. is amended because permits for application of pesticide and fertilizer would not be required if this amendment is adopted. • page 44 • AMENDMENT#22. CLARIFIES REGULATION OF EXISTING SOLID WASTE LANDFILLS. Amends Section 8-8-8 as follows: A. Earth materials used as fill or cover at a solid waste landfill shall meet special requirements in effect in the Aquifer Protection Area provided in Subsection 4-10-16.D.2. and 5. of Chapter 10. Mining. Excavation. and Grading. of Title IV (Building Regulations) of Ordinance No. 4260 known as the Code of General Ordinances of the City of Renton. The reports referred to in Subpart 4-10-16.D.3..4. and 5. shall be provided to the Utility by the solid waste landfill owner. _ - '• _ _ _ _ - _ _ • e _ _ _ __ ==' B. The Utility shall have the authori y to require an owner of a solid waste landfill to implement submit a ground water monitoring program equal to that described by King County Board of Health Title 10 (King County Solid Waste Regulations) Section 10,72.020 and a corrective action program equal to that described by Section 10.72.030• The Utility shall have the authority ascribed to the health officer in said regulations. Quarterly reports shall be provided to the Utility detailing ground water monitoring activity during the preceding three months. Reports detailing corrective action required by the Utility shall be submitted according to a written schedule approved by the Utility. The -= - - - - -- - • - - -J _ •e occurred; -and • Rationale: The issue of fill quality is deferred to the amended grading code which fully satisfies the original intention of this section. The adequacy of the groundwater monitoring program will be determined by equivalence with the requirements of King County Board of Health Title 10, Chapter 10.72. This regulation is more comprehensive and specific than the aquifer protection code. A requirement for comprehensive corrective action equal to Board of Health regulations is also included. page 45 • The solid waste landfill owner will not need to prepare separate documents for the Health Department and the Utility if the City adopts, by reference, the same standard. This standard is based upon Department of Ecology regulations ineffect statewide. AMENDMENT#23. MODIFIES STORM WATER MANAGEMENT REQUIREMENTS IN THE APA Amends Section 4-22-8.C.,of Chapter 22, Storm and Surface Water Drainage, of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" as follows: 4-22-8.C.2. 2. Amend chapter 1 of the King County Surface Water Design manual, section 1.2.3 CORE REQUIREMENT#3: RUNOFF CONTROL, "Biofiltration," as follows: Add attend of existing section: Requirements for Zone 1 of an Aquifer Protection Area: Proposed project runoff resulting from more than five thousand square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall not be treated prior to discharge from the project site by on-site biofiltration measures but shall instead be treated by a wetvault meeting the design criteria contained in Section 1.3.5 SPECIAL REQUIREMENT#5: SPECIAL WATER QUALITY CONTROLS. New or existing retrofitted wetvaults and appurtenances shall meet the Pipeline Requirements specified in Section 8-8-6.D of the Aquifer Protection Ordinance. , and then a Requirements for Zone 2 of an Aquifer Protection Area: Proposed project runoff resulting from more than five thousand square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall be treated prior to discharge from the project site by on-site biofiltration measures as described in Section 4.6.3 in Chapter 4 of the King County Surface Water Design Manual. All biofiltration facilities may require a liner wed using the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. The biofiltration design flow rate shall be based on the peak rate of runoff for the 2-year, 24-hour duration design storm event total precipitation. Note, biofiltration facilities installed following peak rate runoff control facilities may be sized to treat the allowable release rate (pre-developed) for the 2-year 24-hour duration design storm event for the peak rate runoff control facility. Biofiltration facilities installed prior to peak rate runoff control facilities shall be sized based on the developed conditions. • _ - _- - • - - _ - - - •- -_- _ - • - Requirement its: SPECIAL WATER QUALITY CONTROLS. page 46 • 4-22-8.C.4. 4. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT#3. RUNOFF CONTROL, " Retention Facilities"Runoff Control," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new retention detention ponds to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. 4-22-8.C.6. through 8. 6. Amend Chapter 1 of the King County Surface Water Design Manual, Section.1.2.4 CORE REQUIREMENT #4: CONVEYANCE SYSTEM, "(4) For new drainage ditches or channels," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: New drainage ditches or channels shall not be employed to convey the runoff resulting from impervious surface that is subject to vehicular use or storage of chemicals. Requirements for Zone 2 of an Aquifer Protection Area: New drainage ditches or channels may be employed in lieu of a pipe system. --- - e= =" e _ =e - - _•__ - _ _ is-not-feasible A groundwater protection liner may be required for new New drainage ditches or channels per shall-be-lined-using the design criteria, and existing drainage ditches or channels. reconstructed, to convey the peak runoff from the 25 year design storm using the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design and the Methods of Analysis described in Section 4.3.7 in Chapter 4 of the King County Surface Water Design Manual with a freeboard to overflow of 0.5 feet. In addition, new drainage ditches or channels must be demonstrated to convey the peak runoff from the 100-year design storm without overtopping. • 7. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.4 CORE REQUIREMENT#4: CONVEYANCE SYSTEM, "Composition," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: New conveyance systems shall be constructed in accordance with the Pipeline Requirements specified in Section 8-8-6.D of the Aquifer Protection Ordinance. Proposed projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or storage of chemicals. Said impervious surface shall be provided with the proper catch basins and.a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream • drainage conveyance system. . . . • page 47 Requirements for Zone 2 of an Aquifer Protection Area: A groundwater protection liner may berequired for new drainage ditches or channels per the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. Exception: New drainage ditches or channels do not require a ground water protection liner following the last water quality facility. Proposed projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or storage of chemicals. Said impervious surface shall be provided with the proper catch basins and a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. 8. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT#5: SPECIAL WATER QUALITY CONTROLS as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area Threshold • IF a proposed project will discharge runoff from more than five thousand square Requirement THEN a wetvault meeting the standards-described above shall be employed to . • t Threshold IF a proposed project will discharge runoff from more than one acre of impervious surface that will be subject to vehicularuse or storage of chemicals. and: (a) proposes direct discharge of runoff to a regional facility. receiving water. lake. wetland. or closed depression without on-site peak rate runoff control: OR (b) the runoff from the project will discharge into a Type 1 or 2 stream. or Type 1 wetland. within one mile from the project site. Requirement THEN a wetvault meeting the standards described above shall be employed to treat a project's runoff prior to discharge from the project site. This wet vault is in addition to the wet vault required by section 1.2.3 CORE REQUIREMENT#3: RUNOFF CONTROL. New or existing retrofitted wetvaults and appurtenances shall meet the Pipeline Requirements specified in Section 8-8-6.D of the Aquifer Protection Ordinance. 9. Amend: Chapter 1 of the King County Surface Water-Design Manual, Section 1.3.5 SPECIAL REQUIREMENT#5: SPECIAL WATER QUALITY CONTROLS as follows: Requirements for Zone 2 of an Aquifer Protection Area: Threshold IF a proposed project will construct more than one acre of impervious surface that will be subject to vehicular use or storage of chemicals and: a. Proposes direct discharge of runoff to a regional facility, receiving water, lake, wetland, or closed depression without on-site peak rate runoff control; OR page 48 b. The runoff from the project will discharge into a Type 1 or 2 stream, or Type 1 wetland, within one mile from the project site; OR Requirement THEN a wetpond meeting the standards described above shall be employed to treat a project's runoff prior to discharge from the site. A wetvault or water quality swale, as described above, may be used when a wetpond is not feasible. A groundwater protection liner may be required for all wet ponds and water quality.swales per the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. • 01 22 8.C.10. 10. Amend Chapter 1 of the King County Surface Water Design Manual, Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: Threshold Requirement. Rationale: Rationale for each part of this amendment corresponds to the numbering system of the storm water code starting with 2. under section 4-22-8.C. 2. The requirement to meet the pipeline specifications for Zone 1 is included for consistency with other Zone 1 requirements that are designed to prevent infiltration of storm water. The requirement for a coalescing plate oil-water separator in Zone-1 is deleted because this specialized type of water quality facility is designed primarily to remove the oil in storm water when relatively high levels of petroleum would be expected. The coalescing plate does not perform as intended when used as a treatment device for a more typical site. The change in the second paragraph was made because the design criteria only require the liner for coarse-grained soils. Part of the last sentence in the third paragraph was deleted because it repeats what is stated in the first sentence of the paragraph. 4. The term "Runoff Control"was inadvertently substituted for"Retention Facilities" in the original ordinance. Likewise, the term "retention" should replace "detention" in the subsequent sentence. page 49 • 6. Conveyance requirements for Zone 2 are modified to remove the preference for a piped system. A lined, open ditch or channel provides comparable protection to the aquifer. The change in the second sentence was made because the design criteria only require the liner for coarse-grained soils. 7. The requirement for the liner is added here to be consistent with other sections of the code. 8. The first requirement is deleted to be consistent with 2. above. A wetvault is specified for more than an acre of new impervious surface in Zone 1 subject to the listed conditions for consistency with other sections of the code which prohibit open water quality facilities (e.g. wetponds or water quality swales). Condition 9.c. is deleted because we don't want to discourage infiltration of storm water in Zone 2. The code, as currently written, discourages infiltration by requiring the installation of an extra water quality facility prior to infiltration. Additional water quality treatment above what is required in other parts of the City is not needed in Zone 2 given standard treatment requirements, distance from drinking water wells, typical groundwater depths in Zone.2, typical storm water quality, and other regulations and programs in place toprevent and respond to hazardous material releases. The requirement for the liner is added here to be consistent with other sections of the code. 10. See explanation for 2. above. page 50 AMENDMENT#24. CLARIFIES THE APPLICABILITY OF THE AQUIFER PROTECTION CODE Amends Section 8-8-3.A. as follows: Persons who own and/or-operate one or more facilities in an Aquifer Protection Area (APA) shall comply with this Chapter except as preempted by federal or state law. Any person who owns or operatca more than one facility in a single Zone of the APA shall have the option of obtaining one permit for all operations if the operations at each facility are similar and the permit requirements under this Ordinance are applicable to each facility individually. Deletes Section 8-8-2.N.: e • - • e -- _ - -- of a facility. . Amends Chapter 8 and other Chapters of City Code as follows: Deletes references to "operator(s)" throughout this Chapter and in other Chapters of City Code as needed. Amends Section 8-8-2.1. as follows: FACILITY means all contiguous land within an APA, structures, other appurtenances, and improvements on the land and operations therein including, but not limited to. business. government. and institutional activities where w „ hazardous materials mated substances are stored, handled, treated, used, or produced in quantities greater than the de minimus amounts specified in Section 8-8-3.H.2 of this Ordinance. Pipelines including storm and sanitary sewers, interstate freeways, state highways, arterials, and railroads are facilities for purposes of construction standards and operations review only, are not prohibited in Zone 1, and do not require an Aquifer Protection Area Operating Permit. These facilities may, however, be subject to special requirements that are supportive of aquifer protection, contained in relevant sections of the City code, and applied during the construction standards and operations review process. The following new subsections are inserted after subsection 8-8-3.G. Existing subsection H. is relettered as subsection M. H. Owners of structures that are connected to existing on-site sewage disposal systems in Zone 1 of the APA shall comply with Section 8-8-6.C.2 and 3. of this Chapter. I. Persons who apply pesticide and/or fertilizer containing nitrate in the APA. except for homeowners applying only to their own property. shall comply with Section 8-8-4 of this Chapter. page 51 i . J. Owners of facilities and structures shall comply with Section 8-8-6.B.3..of this Chapter relating to conversion of heating systems to fuel oil and installation of new fuel oil heating systems. K. Owners of solid waste landfills shall comply with Section 8-8-8 of this Chapter. L. All persons shall comply with Section 8=8-13 relating to unauthorized release of hazardous materials. M.#: [See amendment#5 for text changes in this subsection which lists exemptions]. Rationale. The change in the first line, along with the changes which immediately follow, clarify that we are focusing the regulation upon the owners of facilities rather than the operators who may be hired by owners. The term "facility" is amended to include activities, usually businesses, that are directly responsible for hazardous materials, but that may operate on leased property. New sections are added to 8-8-3. because the existing section on applicability inadvertently did not list all of the activities or situations that the code was intended to regulate. AMENDMENT#25. REQUIRES COMPLETION OF FACILITY CLOSURE WITHIN ONE YEAR AND ACCORDING TO PERMIT CONDITIONS Adds a new subsection to section 8-8-4 as follows: G. Facility closure must be completed according to a timetable and permit conditions determined by the Utility and shall. in all cases. be completed within one year of the date when a closure permit is required. Rationale: The Utility needs flexibility to determine closure permit conditions due to the wide variations in quantities of hazardous materials present, management practices, and risk to the aquifer posed by facilities in the APA. The Utility needs to be able to condition a permit to ensure timely removal of materials that present a significant risk to the aquifer. page 52 • AMENDMENT#26. ALLOWS ON-SITE SEWAGE DISPOSAL IF WASTEWATER UTILITY DETERMINES SEWER IS NOT AVAILABLE Amends Section 8-8-7.B.3. as follows: 3. The following specific changes in land use and types of new facilities will be prohibited within Zone 2 of an APA: hazardous waste surface impoundments; waste piles (as defined in WAC 173-303 and 304); recycling facilities that handle hazardous materials mated substagces; hazardous waste treatment and storage facilities; solid,waste landfills; transfer stations; septic systems;and petroleum product pipelines. Amends Section 8-8-7.C.1. as follows: • 1. New developments (residential and non-residential) shall, as a condition of the building permit, be required to connect to a central sanitary sewer system prior to occupancy. New single-family residential development on existing lots may use an on-site sewage disposal system in lieu of connection to a central sanitary sewer system when the Wastewater Utility has determined that. according to it's codes and policies, a central sanitary sewer is unavailable. Approval of the use of an on-site sewage disposal system for such development shall be conditional upon the signing of a covenant running with the land to connect to a central sanitary sewer within two years of it's availability as determined by the Wastewater Utility. according to it's codes and policies. Rationale. The phrase "septic systems" is deleted from Section 8-8-7.B.3. because use of septic systems in Zone 2 is more adequately addressed by Section 8-8-7.C.1. There are areas in Zone 2 of the APA where sanitary sewer is not available. Presently, building permit applicants prepare a request for modification of the code to install an on-site sewage disposal system in these areas. This involves submitting a letter to the Water Utility, coordination with the Wastewater Utility, and review by the Administrator. A letter of approval has been sent to the applicant in each case we have reviewed since the ordinance was adopted. All of these cases involved single-family development on existing lots. We would like to make this process simpler by allowing Wastewater staff to decide whether on- site sewage disposal will be allowed according to the availability of sewer. Applicants would have to agree to connect to sewer in order to obtain approval. page 53 AMENDMENT#27. MAKES OPERATING PERMIT CONDITIONS FOR ZONE 1 AND ZONE 2 MORE NEARLY THE SAME Amends Section 8-8-7.F. as follows: REQUIREMENTS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING AND NEW FACILITIES. Permit requirements as part of any permit issued in Zone 2 of an APA shall be as specified for Zone 1 of an APA in Section 8-8-6.F.1 through 6 and-i of this Chapter. Rationale: This amendment would make Operating Permit conditions for Zone 1 and Zone 2 the same. Currently, the only differences between Zone 1 and Zone 2 Operating Permit conditions are that, in Zone 1, employees must be trained to respond appropriately to spills of hazardous materials and spill response equipment such as absorbent clay orpads must be kept on the premises. The amendment would make the same requirements effective in Zone 2. The requirements added by the amendment are protective of the aquifer, constitute minimum practices to protect the environment in proximity to a sensitive environmental feature, make the • inspection program more efficient, and are easy to implement. AMENDMENT#28. REQUIRES HAZARDOUS MATERIALS INVENTORY STATEMENT WITH APPLICATION FOR OPERATING PERMIT; REQUIRES MATERIAL SAFETY DATA SHEETS; DEFINES NEW TERMS Amends Section 8-8-10.A.1. as follows: 1. A Hazardous Materials Inventory Statement and. upon request by the Utility. a Material Safety Data Sheet for any or all materials entered in the statement. - - -- - -_- - _ - - -_ - -_ •••• =e •• - - - _- - Amends Section 8-8-2: DEFINITIONS by adding the following: HAZARDOUS MATERIALS INVENTORY STATEMENT means a form. provided by the Utility or the Fire Prevention Bureau and completed by a facility owner that provides specified information regarding hazardous materials at the facility. MATERIAL SAFETY DATA SHEET means written or printed information concerning a hazardous material which is prepared in accordance with the provisions of 29 CFR 1910.1200, Rationale. This amendment enables the Utility to obtain a Hazardous Materials Inventory Statement (HMIS) rather than the general list described by the code. page 54 The HMIS is a standard form used by both the Utility and the Fire Prevention Bureau. It is important to refer specifically to the HMIS because it is a form containing specified information about hazardous materials. For example, the HMIS not only lists materials and volumes, but indicates what type of hazard the material poses, the type and size of containers in which it is stored, and the storage location. The federal.Occupational Health and Safety Act requires manufacturers or importers of substances that could pose a physical (e.g. explosion, fire, etc.) or health hazard (e.g. toxin, attacks specific organ, etc.) to prepare a Material Safety Data Sheet (MSDS) for each substance. The MSDS contains information regarding physical and health hazards, physical properties of the substance, and chemicals and concentrations contained in the substance. This information is useful to the Utility in determining the risk to the aquifer posed by spills and in verifying technical information on the HMIS. • The MSDS is required, upon request, by federal, state, and local regulators, including the Renton Fire Prevention Bureau, as standard information. The Utility is coordinating with Fire Prevention in soliciting the HMIS and accompanying MSDS, as needed, so that duplication of effort on the part of City staff and facility operators is avoided. • The terms "Hazardous Materials Inventory Statement" and "Material Safety Data Sheet" are defined and inserted in the definitions section. AMENDMENT#29. CHANGES WHAT IS REQUIRED TO BE SHOWN ON A FACILITY SITE • MAP Amends Section 8-8-10.A.8. as follows: 8. A site map showing the following: . Property boundaries . Buildings and other structures located on the prope y: ▪ Secondary containment devices: and Floor and yard drains with a note asto whether the drain is to storm or sanitary sewer. - - - -- • - - - ' - - -: - -- - -- . - -- - :- Rationale. This amendment clarifies and adds to what is shown on the site map. We need to know the location of secondary containment devices where hazardous materials are stored for a regulated facility, not just those devices where more than 5 gallons/25 pounds are stored. We also need information about location and destination of floor and yard drains since they can be a significant source of risk to the aquifer. page 55 AMENDMENT#30. UPDATES THE PIPELINE MATERIAL SPECIFICATIONS FOR ZONE 1 Amends Exhibit 4 as follows: EXHIBIT 4 PIPELINE MATERIAL REQUIREMENTS PIPE DIAMETER CONSIDERATIONS PIPE MATERIAL <4 4-8 10-12 14-20 24-30 36-54 SUGGESTED MATERIAL SPEC (See attached table) Ductile Iron,Rubber Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AVWVA C151,C104 a b c d n o p r Polyethylene-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151 a b c d n o p r Ductile Iron,Nitrile Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AVWVA C151,C104 b c d i n o p r Polyethylene-Lined 1,2,3 1,2,3 1,2,3 1,2,3 1,2,3 AVWVA C151 b c d e i n o p r PVC,Rubber Gasket Joints Blas-Brute-C3- 150 or 200 12 1,2 1,2 1 1 AWWA C900 a b j I n o p r t SDR 35 1 1 ASTM 03034 PVC,Nitrile Gasket Joints b i j I n o p r t B{eo Br te-CA QL 150 or 200 1,2,3 1,2,3 1 1 AWWA C900 PVC,Solvent Welded Joints h j k I n o p r t SCH 80 2,3 1,2,3 1,2,3 ASTM D1784,D1785 Welded Steel,Rubber Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C205 a b f g h n o p r Dielectric-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C210 a b f g h n o p r Welded Steel,Welded Joints Cement Mortar-Lined 1,2 1,2 AWWA C200,C205 f g h n o p r Dielectric-Lined 1,2,3 1,2,3 AWWA C200,C210 f g h n o p r High Density Polyethylene Pipe 12 12 1 2 12 1 ASTM D1248 and D3350 h k p q u Corrugated High Density Polyethylene 1 1 1 1 1 ASTM D1248 and AASHTO k p g s u Pipe-Smooth Interior Slip form liner 4,5 4,5 4,5 4,5 4,5 ASTM D638 m n o p q r PIPELINE SERVICE • 1. Storm Sewer 2. Sanitary Sewer and Side Sewer 3. Leachate Pipeline 4. Rehab Existing Storm Sewer 5. Rehab Existing Sanitary Sewer page 56 • • • j • EXHIBIT 4 • -CONSIDERATIONS ON SELECTION OF PIPE MATERIALS • Utility fnaintarns a list of.materials meeting performance•standards Other materials meetin :::»>::::::»::>::::<>: •:i:ik:i;{y': :?;:iii:::v:.�. ..::.::::::::::9iiii:4:v:::::vii:•i::;v^i':{:::::::::::.:::v:::.::::+vii;::4i}iiiiii::::•::::}}:::::..:::::::::::::::.:.�.:�::::::::.:::::::::::^!i:;:::::::::::.::::::::.�::::::.�.:::::::::.:::::::........... ar performance standards or developed as the result of new technology may be approved::b .;;the;::;::;: .a. Rubber gaskets may be severely damaged by.petroleum products, particularly in prolonged exposures to concentrated flows containing little or no storm water or sanitary sewage. In cases • where heavy concentrations of petroleum products may be experienced, nitrite (Nitrile-Butadiene; i.e., NBR) gaskets should be used. b. Gasketed joints may not be leak-proof at zero or low pressures, if improperly installed. c. Mechanical joints may be less likely to leak at low pressures than push-on joints. d. May need protective coatings and/or cathodic protection against external corrosion. e. Considered most reliable gasket and lining material for ductile iron leachate pipeline. f. Very difficult to repair linings on inside of joints in pipe smaller than 24-inch diameter. g. Almost always needs protective coatings and.cathodic protection against external corrosion. • h. Properly made joints are considered leak-proof. • • i. Nitrile gaskets may require long delivery time. j. Requires special attention to.bedding and backfill depth to avoid structural failure of pipe. • k. Large thermal expansion coefficient. May need to limit solvent welded joints to 4-inch and smaller pipe. May require careful evaluation of pipe installation temperature and temperature of piped liquids to ensure joint integrity. I. Pipe not available over 12-inch diameter. m. Slip form Incituferm lining is available in 6-inch through 60-inch diameter for almost any pressure, if.sufficient pipe cross-sectional area is available.- n. Pressure grouts and gels are not acceptable for rehabilitation or patching of storm and sanitary sewers. • o. Suitability of pipe lining and gasket•material to resist chemical attack by conveyed fluids must be determined for each pipeline service considered. p. All storm and sanitary sewer manholes, catch basins, and inlets should be equipped with precast concrete bottom and sidewalls with rubber gasketed joints between sections, water-tight epoxy grout or other approved pipe entrances through walls, and approved waterproof bitumastis coating of all interior floor and wall surfaces. Manholes, catch basins, and inlets should have no • leakage when•hydrostatically tested at atmospheric pressure. • q. Has good resistance to a number of chemicals, petroleum products, and hydrogen sulfide corrosion. • • page 57 r. "Zero leakage"test requirement may be impossible to achieve under the best conditions for any pipe materials because trapped air may distort test results, even in a drop-tight pipe. Pressure and leakage test requirements should consider whether the pipe has steel slope or will stand full of liquid. Pipelines should be tested with the intent to prevent or minimize leakage. Air testing should not be allowed; hydrostatic testing should be as stringent as any found in the industry. Pipe materials, without regard for chemical attack, corrosion, or puncture, are generally ranked as follows, in decreasing order of liquid-tight reliability: • welded steel with welded joints • PVC with solvent welded joints • slip form form liner • ductile iron with viton or rubber gaskets • welded steel with rubber gasketed joints • PVC with viton or rubber gasketed joints s. Joints should consist of"heat-shrink"wrap, standard corrugated coupling, and full pipe band clamps. t. The use of PVC may be restricted by other Utility policy in regards to depth of pipe cover. u. HDPE may be adversely affected by solvents; its use is not recommended where contact with solvents may occur. Rationale: The term "Blue Brute" is deleted since it is a brand name and, therefore, not appropriate for citation in the code. Use of Class 150 and 200 PVC pipe is expanded as appropriate. SDR 35 PVC pipe use is included because, although it is less strong than the Class 150 or 200, it is considered adequate for smaller pipe diameters where breakage would not result in a significant release of sewage. This pipeline is not allowed for uses where leachate is present. Use of SDR pipe as allowed by this amendment will provide significant cost savings. PVC with nitrile gasketed joints provides adequate protection for use in larger diameter storm sewer pipes. This is based both upon the strength of the pipe and the durability of the gaskets. High density polyethylene is suitable for storm and sanitary sewer pipelines in the Aquifer Protection Area based on it's strength, flexibility, and water tightness. It is not proposed for the largest diameter sewer line (36"-54") because it is felt that only the strongest material (ductile iron) should be used. The term "Insituform" refers to a brand name. This was deleted in favor of the generic term "slip form" since it is preferable that the code not specify brand names. Reference "m" and "r) were amended for the same reason. The introduction to "Considerations on Selection of Pipe Materials" and reference "p"were amended to allow for other materials that meet performance standards. The Utility, in consultation with other City utilities, will maintain a list of materials that have been reviewed and approved. This will allow flexibility to consider new products that often provide superior performance. For example, newer, high-solids urethane coatings offer the benefit of being white which enhances visibility in pipes and manholes. Certain cement-based products offer better waterproofing. Bitumastic coating, on the other hand, has been deleted as an option because it is a petroleum product that contains volatile substances that may leach into water. page 58 AMENDMENT#31. DELETES REQUIREMENT TO MAINTAIN RUNNING INVENTORY OF PURCHASES, SALES, AND USE OF HAZARDOUS MATERIALS Deletes Section 8-8-6.F.5. for-inspection. . Rationale: This section is deleted because the Utility has determined that it does not need specific information regarding purchases, sales, and use of hazardous materials by the facility. It is sufficient to know what materials are present. Part 8-8-10.A.1. requires that an inventory of hazardous materials be provided by the facility operator in order to obtain an Operating Permit. Additional protection is already provided by part 8-8-10.C.1. which requires that changes in the annual inventory be reported to the Utility within 15 days. This enables the Utility to be informed regarding increases or changes in the make up of hazardous materials present. AMENDMENT #32. REDUCES FREQUENCY OF EMPLOYEE TRAINING Amends Section 8-8-6.F.6. as follows: Operators of all facilities in Zone 1 shall schedule training for all new employees upon hirinq and once per year thereafter employees twicc per year to explain the conditions of the Operating Permit such as emergency response procedures, monitoring and reporting requirements, record keeping requirements, and the types and quantities of hazardous materials rcgulatod substances on site. These training sessions will be documented and recorded and the names of those in attendance will be recorded. These records shall be made available at all reasonable times to the Water Utility for inspection. Rationale: Facility owners requested this change in part to be consistent with training requirements that they have already instituted and that are required by other environmental regulations. Annual training should be sufficient for aquifer protection training. page 59 AMENDMENT#33. CORRECTS MINOR ERRORS SUCH AS INCORRECT CITATIONS AND MISSING WORDS Amends Section 8-8-10.D. as follows: D. The permittee shall report to the Utility any unauthorized release occurrence, within 24 hours of its detection, in accordance with Section 8-8-13 8-8-15 of this Chapter. Rationale: Citation error. Amends Section 8-8-11.B. as follows: B. The Hazardous Materials Management Plan shall include: 1. Provisions to address the hazardous materials monitoring requirements of subsection 8-8-6.F.2.. 8-8-10.A.6., and 8-8-10.B. 8 8 9 and 8 8 10 of this Chapter. Rationale: Citation error. codamnd4 y. page 60 mends ORD #4367 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4504 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 8-8-3 .C, D, E AND F OF CHAPTER 8, AQUIFER PROTECTION, OF TITLE VIII (HEALTH & SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY AMENDING THE DUE DATE FOR AQUIFER PROTECTION OPERATING PERMIT APPLICATIONS AND PERMITS. SECTION I. Subsections 8-8-3 .C, D, E and F of Chapter 8, Aquifer Protection, of Title VIII (Health and Sanitation) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" are hereby amended to read as follows : 8-8-3.C: Within six ( 6) months of the effective date for permit applications, all existing facilities located in Zone 1 of an APA must file an APA Operating Permit, Closure Permit, or relocation application with the Utility. Existing facilities located in Zone 1 of an APA must comply with Operating Permit conditions described in section 8-8-6 of this chapter by May 1, 1996 . 8-8-3.D: Existing facilities located in Zone 2 of an APA must file an APA Operating Permit or Closure Permit application with the Utility by May 1, 1996 . Facilities located in Zone 2 of an APA must comply with the permitting requirements of this chapter including construction, containment, monitoring, and inspection, and must have an approved Regulated Substances Management Plan by May 1, 1997 . 8-8-3.E: All proposals for new facilities within any zone of an Aquifer Protection Area must be reviewed for compliance with this chapter prior to issuance of any underlying permits . 1 ORDINANCE NO. 4504 8-8-3.F: All owners and/or operators of facilities which store, handle, treat, use, or produce regulated substances or have done so in the past, must comply with the permit requirements, release reporting requirements, and closure requirements as set forth in this chapter. SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty days after publication. PASSED BY THE CITY COUNCIL this 10th day of April 1995 . )7317*-4144-"-t2 Marilyn 4 etersen, City Clerk APPROVED BY THE MAYOR this 10th day of April , 1995 . E 1 Clymer, Mic Approved as to form: e / / • "P4r Lawr a '..r - ity Attorney Date of Publication: April 14, 1995 ORD.440 :4/04/95 :as . . 2 AFFIDAVIT OF PUBLICATION Jessica FOlkerts , being first duly sworn on oath states that he/she is the Legal Clerk of the VALLEY DAILY NEWS . 600 S. Washington Kent, WA. 98032 a daily newspaper published six (6) times week. Said newspaper is a legal --- IES COMMITTEE EEY EL UTILITIES COMMITTEE MEETING newspaper of general circulation and is now and has been for more than six NOTICE IS HEREBY GIVEN that the Util- months prior to the date of publication referred to, printed and published in the Pities Committee of the Renton City Council English language continually as a daily newspaper in Kent, King County, Wash- ; has fixed the 28th day of March, 1995, at - 4:00 p.m. as the date and time for a meet- 1 ington. The Valley Daily News has been approved as a legal newspaper by order ing to consider amending the due date for of the Superior Court of the State of Washington for King County. ; aquifer protection area operating permits The notice in the exact form attached, was published in the Valley Daily News ' from 5/1/95 to 5/1/96(Zone 1)and 5/1/95 to (and not in supplement form) which was regularly distributed to the subscribers I 5/1/97men (Zonethedue 2) The revision operating would alsom pp g y amend the date for permit during the below stated period. The annexed notice, a applications in Zone 2 to 5/1/96.The meet- 1 ing will be held in the second floor Council I No t i rt. of m P P t i ng ` Chambers of the Renton Municipal Building, i 1 200 Mill Avenue South, Renton, 98055. All interested parties are invited to attend. i The committee meeting is not a public hear- ing but a work session for the members of was published on 3-2 4-9 5 the information.ee. Call 235-2501 for additional , Marilyn J. Petersen, CMC The full amount of the fee charged for said foregoing publication is the su , of City Clerk Published in the Valley Daily News March $ 2 9 .4 0 I 24, 1995. 967A 0 : Le 'Clerk, Valley lily News Subscribed and sworn before me this 6 dayof Ap r i 1 19 9 5 .01/4.E.. , •Nr 4, ..- 6 iriirAe,u,o__----- , •.,, N.,\ 'h13: Notary Public or the State of Washington •0 v. O T •A R y)'N residing at Auburn • -- * King County, Washington PU13L1G OF W ASND . to n W f s_ , STATE OF WASHINGTON - KING COUNTY 22863 _C_i ty of FZe?.nt-.o_r,—___ - —ss. City of Renton No. AQUII AWA Aquifer Awareness Submit PoNov.23 Affidavit of Publication CITY OF RENTON NOTICE TO CONSULTANTS.• TO CONTINUE THE CITY'S AQUIFER AWARENESS The undersig ned on oath states that he is an PROGRAM FOR 1993 authorized representative of The Daily Journal of Commerce, a The City of Renton is solicit ing proposals from qualified' daily newspaper, which'newspaper is a legal newspaper of general consultants to conduct our � circulation and it is now and has been for more than six months AquiferhCityeness Program. prior to the date of publication hereinafter referred to,published in The of Renton owns; '� P and operates a public water the English language continuously as a daily newspaper in Seattle, utility that serves an es: KingCounty, Washington,and it is now and duringall of said time timated population of 43,000:• g � The sole source of drinking, ! was printed in an office maintained at the aforesaid place of water for the City . of this newspaper. The Journal of Commerce aquifer. The it a shallow aquifer is located ', publicationDaily beneath coarse sands and- I was on the 12th day of June, 1941, approved as a legal newspaper gravels without any natural ! brrier between the water • by the Superior Court of King County. table and the ground surface.'• ' - The City recently adopted' ' an aquifer protection or- The notice in the exact form annexed,was published in regular ' dinance to protect ground ' issues of The DailyJournal of Commerce, which was regularly water resources from con- g Y tamination as a result of im- ' distributed to its subscribers during the below stated period. The proper use of regulated sub- stances. The City has con- annexed notice, a ducted an aquifer awareness , program for two years. The C/N AUUIF'1ER PROGRAM ' current public information project has accomplished a large degree of background re search and program develop- was published on ment as well as implementa- tion of public education pro= I 10/26/92 11/02/92 grams. - The existing aquifer aware- ness program has included de- velopment of a program logo, slide show, signage around the City, public information brochure and the "Water Wizard" character. The City , The amount of the fee charged for the foregoing publication is has promoted aquifer aware- ' ness through slide shows and ' the sum of$ ��, which amount has been paid in full. aquifer awareness presents- I�1,� tions to schools, civic groups, If you are intereatea in tieing and youth organizations. • considered for this project, ' The purpose of this contract is please contact Customer Service to continue the City's Aquifer at (206) 235-2631 for the Re- ; Subscribed and sworn to before me on Awareness Proam for 1993: quest for. Proposal(RFP)and in- 11/ .4/9 2• The consultant'sservices for structions. If additional in- this program will include but formation ise Dotson,eE lease !are not limited to: Public school contact Mike Engineer- !are programs,, Aquifer' ing Specialist at(206)235-2631. ` 'Awareness presentations. The proposals are due by 3:30 p. Renton Parks Department pro- ,grams, public education m.on November 23, 1992. Notary Public for the State of Washington, MARILYN J.PETERSEN, . ! residing in Seattle Clerk. materials, environmentally safe I City i /product programs,and enhance- / Dates of publication in the , menta to the current program. Seattle Daily Journal of Com- - • • • • gr• • merce, October 26 and Novem- ber 2,1992. 11/2(22863) Affidavit of"Publication- - - ® CITY OF RENTON "LL Planning/Building/Public Works Department Earl Clymer, Mayor Lynn Guttmann,Administrator • October 7, 1992 SUBJECT: AQUIFER PROTECTION ORDINANCE Dear Applicant: Recently, the Renton City Council passed the Aquifer Protection Ordinance. The ordinance will go into effect on October 18, 1992. This ordinance is a set of rules and regulations for the use, storage, and production of regulated substances in areas of the City that have a direct influence on the City's water supply (Aquifer Protection Areas). The provisions of the ordinance protect the groundwater resources from contamination as a result of improper use of regulated substances. In addition, the ordinance has specific sanitary sewer requirements within the Aquifer Protection Areas. The City's sole source of drinking water is supplied from a shallow aquifer under the City. This aquifer lies beneath coarse sands and gravels without any natural barrier between the water table and the ground surface. Any harmful substance that comes in contact with the ground surface can easily and quickly move down through the earth to the water table and into our drinking water. We would like to inform you of several provisions of the ordinance that may impact development within the Aquifer Protection Areas of the City. These provisions will become law on October 18, 1992, and will be required to be incorporated into the design of all projects for which building permit and/or fill and grade license, and/or construction permit application to the City is made after October 19, 1992. Projects for which these permitapplications were made before October 18, 1992 will be considered vested into the previous standards. • The Aquifer Protection Ordinance prohibits new development on septic tanks within the Aquifer Protection Areas. All new development within the Aquifer Protection Areas must be connected to central sanitary sewer. • The Ordinance specifies material and testing requirements for pipelines in Zone 1 of an Aquifer Protection Area including sanitary sewers, storm sewers, and leachate lines. • Biofiltration or infiltration of stormwater is prohibited in Zone 1 of an Aquifer Protection Area. A wetvault shall be used to treat stormwater runoff. If a project will discharge runoff from more than five thousand square feet of impervious surface subject to vehicular traffic or regulated substance use than a coalescing plate oil/water separator shall follow the wet vault. Biofiltration is allowed in Zone 2 but all 200 Mill Avenue South - Renton, Washington 98055 Aquifer Protection Ordinance Page 2 biofiltration facilities must be lined. Any new or existing areas subject to vehicular traffic or regulated substance use shall be paved. A map showing the location of the Aquifer Protection Areas is enclosed. The City Clerk's office will mail you a free copy of the ordinance upon request. If you have any questions about the Aquifer Protection Ordinance, please call 'Lys Hornsby at (206) 277-5539. Sincerely, -A4ell 3 €i Gregg A. Zimmerman, P.E. Utility Systems Division Director C:DOCS:92-737:GAZ:LLH:ps CC: Fred Kaufman Si City ClerkJj L.—Utility-Section Heads Jim Hanson Don Erickson Jim Chandler Neil Watts Arnie Henninger Tom Kress Jack Crumley Mel Wilson Dan Carey Jan Conklin Lys Hornsby Enclosure October 5, 1992 Renton City Council Minutes • " Page 454 MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL APPROVE THE CONSENT AGENDA AS REVISED. CARRIED. Separate Administrative Services requested approval of a proposal for Consideration reorganization to reduce duplication of effort, provide better support and Item 6.a, cross training opportunities; and enable direct supervision of front line Finance: Department tasks. MOVED BY MATHEWS, SECONDED BY NELSON, REFER Reorganization THE FINANCE REORGANIZATION TO THE FINANCE COMMTI FEE. CARRIED. CORRESPONDENCE Correspondence was read from Frank & Gabrielle Patti, 1620 Glennwood Citizen Comment Avenue SE, Renton, requesting Council to look into concerns they have Patti - Traffic & about their street, Glennwood Avenue SE between SE 16th St. and Lake Signage on Youngs Way SE. They mentioned that cars careen down their street at Glennwood Avenue speeds up to 40-45 mph. They stated there are no signs on the street posted for miles per hour, children at play, or notifying that a school is less than one block away. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL REFER THIS CORRESPONDENCE TO THE TRANSPORTATION (AVIATION) COMMITTEE. CARRIED. Appeal: Correspondence was read from Marilyn F. Talbert, 645 Glennwood Ct. Boeing/Longacres N.E., Renton, 98056, expressing her discontent with Boeing's plans to Customer Service develop the Longacres site, noting the loss of green area, wetlands, and Training Center, SA, jobs. Correspondence was also read on the same subject from Ed CU-92-006 Dubuque, 8203 NE 124th, Kirkland, 98034, urging the Council to keep Longacres open for another year to allow time to replace the track by a. public stock offering or investors. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, REFER BOTH ITEMS OF CORRESPONDENCE TO THE COMMITTEE OF THE WHOLE AND THE OFFICIAL FILE (SA-006-92). CARRIED. Gro th1`Mana eme*t: Correspondence was read from Lynn Guttmann, Public Works Comp'elieu ive Na ,nAdministrator with regard to treated wood piles in the Aquifer Protection (Stoneway) Area. The letter responded to an inquiry from Stoneway regarding the use of concrete or metal piles to support a proposed 27-story structure on the existing Stoneway site. MOVED BY KEOLKER-WHEELER, SECONDED BY TANNER, REFER CORRESPONDENCE TO THE UTILITIES COMMITTEE. . CARRIED. Growth Management Correspondence was read by.Debra Aungst, Assistant Superintendent, Comprehensive Plan Renton School District, 435 Main Avenue S., Renton, 98055-2700, which (Renton School dealt with a "preferred" draft land use alternative document with changes District) ' as per the City Council Committee of the Whole. Concerns were raised regarding the study area 12, Lot 2, Nelsen Middle School, indicating the property used to be zoned as R-3; however it is now zoned as single- family. This property should be shown as a public use district.. It was also mentioned that all school properties are located in single-family designated areas, and unless classified with a zoning category to replace the former P-1, would require all remodels, upgrades, or modifications to be reviewed as though single-family. MOVED BY KEOLKER- WHEELER, SECONDED BY'EDWARDS, COUNCIL REFER THIS CORRESPONDENCE TO THE PLANNING DEPARTMENT AND THE COMMTI 1 EE OF THE WHOLE. CARRIED. . Referred to Utilities r mmittee 10/5/92. CITY OF RENTON _RECEIVED • MEMORANDUM OCT - 11992 RENTON CITY COUNCIL DATE: September 29, 1992 TO: Kathy Keolker-Wheeler, President Renton City Council Members VIA: Mayor Earl Clymer FROM: Lyr %ut ann, Administrator STAFF CONTACT: Gregg Zimmerman, Utility Systems Director Lys Hornsby, Water Quality Engineer SUBJECT: TREATED WOOD PILES WITHIN AQUIFER PROTECTION AREA ISSUE: The attached letter from Stoneway addresses the possibility of using structural piles for support of a 27 story structure on the Stoneway property. The letter states the opinion that creosote treated wood piles would likely be detrimental to the aquifer, but driven concrete or metal piles or auger cast piles would not introduce harmful substances to the aquifer and would be self-sealing in terms of allowing any conduit through which surface water could flow down to the aquifer. This is a timely issue, and it needs to be addressed on a policy basis at this time. ORDINANCE PROVISIONS: The Aquifer Protection Ordinance does not specifically address use of treated wood piles. The provision of the ordinance that covers this type of use is Section 8-8-6.B.1. (page 18) as follows: Within Zone 1 of an APA, no changes in land use and no construction activities shall be allowed unless a finding is made by the Utility that the proposal will not impact the long term, short term or cumulative quantity or quality of the aquifer. The finding shall be based on the present or past activities conducted at the facility; regulated substances stored, handled, treated, used or produced; and the potential for the activities or regulated substances to degrade groundwater quality. cc: Mayor Council Greg Zimmerman r 'Kathy Keolker-Wheeler/rn City Council Members Treated Wood Piles Wit PA 411111 Page 2 DISCUSSION: This provision was included to provide the Water Utility the flexibility to review all new uses, facilities and construction activities and evaluate the impacts to the City's water supply. Specific construction activities and uses were not specifically called out as a problem because it was impossible to foresee all potential activities that might impact the aquifer. However, creosote and other wood chemical treatments are regulated substances, and as such, treated piles, power poles, etc. would not be permitted for use in the Aquifer Protection Areas. In applying the Aquifer Protection Ordinance to new development, we must be realistic. Larger structures will in many cases require pile support. We need to insist that the design of the pile support system be sensitive to our need to protect the aquifer. Projects will have to be evaluated on a case by case basis to assure that a project does not unduly jeopardize the integrity of the aquifer. RECOMMENDATION: 1. Creosote or chemically treated piles, power poles, etc. should not be allowed in the Aquifer Protection Areas because they could introduce regulated substances directly into the aquifer. 2. Developments within the Aquifer Protection Areas proposing structural support piles should be required to incorporate into their mandatory geotechnical report (submitted to the City at time of environmental review) a section which addresses impacts of the proposed pile system on the aquifer in terms of proposed materials, and also possible creation of conduit paths which could allow surface water bearing contaminants to enter the aquifer. 3. City Current Planning, Plan Review, and Water Utility staffs would review this report and provide comments and mitigation requests for incorporation into the staff ERC report. 4. The requirement for the pile system impact report could be readily incorporated into informational handouts that are currently available to developers at the 3rd Floor Customer Service Counter. 5. Implementation and processing issues would be fairly straight forward, and can be worked out in the coming days between the Development Services and Utility Systems Divisions. 6. The Water Utility can respond to the Stoneway letter by discussing the City's intent to implement the policy described above to address the issue of water quality impacts associated with pile support systems proposed for developments within our Aquifer Protection Areas. C:DOCS:92-747:LAG:LLH:ps CC: Jim Hanson Kay Shoudy Mel Wilson Don Erickson Jim Chandler Mary Lynne Myer Allan Johnson Attachment September 28. 1992 _ Renton City Council Minutes _ Page 445 Ordinance #4370 An ordinance was read approving the Final Planned Unit Development . PUD: Final, Honey (Honey Creek FPUD-144-91, Burnstead Construction); located at NE 21st Creek (FPUD-144-91) and Jefferson.Avenue NE. (Required restrictive covenants have been recorded with King County.) MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: FIVE AYES: KEOLKER-WHEELER, TANNER, NELSON, SCHLITZER, EDWARDS. ONE NAY: STREDICKE. MOTION CARRIED. Ordinance #4371 An ordinance was read amending Subsection 8-4-31.A of Title VIII Utility: Aaui r (Health and Sanitation) of the City Code relating to water meter rates Protection (Aquifer Protection). MOVED BY TANNER, SECONDED BY Implementation EDWARDS, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. 'fir mance ROLL CALL: ALL AYES. MOTION CARRIED. NEW BUSINESS Council President Keolker-Wheeler announced the following meetings: Meeting Announcements 1) Regional Public Forum on Transportation hosted by Washington State Department of Transportation (WSDOT) and the State Transportation Commission in Seattle on 10/8/92 from 5:30-7:30 p.m., in the Port of Seattle Chambers, 2201 Alaskan Way, Pier 66, Seattle. 2) A replica of the Viet Nam Veterans Memorial will be at Greenwood Memorial Park in Renton on 10/16, 10/18, and 10/19/92. 3) Renton will host a dinner on 10/19/92 for delegates from Renton's sister city, Nishiwaki, Japan. Following the dinner the delegation will attend the Council meeting. AWC: Legislative Councilman Edwards reported that the Association of Washington Cities Update (AWC) legislative meeting was held on Friday, 9/25/92. Mr. Edwards pointed out that the State budget is in serious condition and the motor vehicle excise tax which provides criminal justice funding is in jeopardy. MOVED BY EDWARDS, SECONDED BY TANNER, COUNCIL ADOPT A RESOLUTION ON 10/5/92 AUTHORIZING THE ADMINISTRATION TO LOBBY THE LEGISLATURE FOR EXTENSION OF THE MOTOR VEHICLE EXCISE TAX. CARRIED. Growth Management: Councilman Stredicke expressed concern about the Maplewood forest and Comprehensive Plan wetland area, and felt that the area should be designated as a rural Land Use Element conservancy zone. Council President Keolker-Wheeler read a memorandum from Planning/Building/Public Works Administrator Lynn Guttmann, dated 9/25/92, that stated the Maplewood forest area is zoned low-density single-family-on the Council's Preferred Land Use Alternative Map which includes an underlying zoning of G-1 (one dwelling per acre) or resource conservation (one dwelling unit per ten acres). Councilman Edwards noted that the Council will determine the zoning assignment for the area under the area-wide zoning process. Mr. Stredicke requested that Nicola Robinson, 3110 SE 5th Street, Renton, 98058, be notified of the neighborhood meeting for the Maplewood area. menus urn LVO. 31/'F, 31 /3, .3071, 4186, 4269, 4336 CITY OF RENTON, WASHINGTO ORDINANCE NO. 4367 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE IV (BUILDING REGULATIONS), TITLE V (FINANCE AND BUSINESS REGULATIONS), AND TITLE VIII (HEALTH & SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" RELATING TO THE PROTECTION OF THE AQUIFER AS FOLLOWS: 1. Section 4-6-22.E.3 of Chapter 6, Title IV 2. Section 4-22-3 of Chapter 22, Title IV 3. Section 4-22-8 of Chapter 22, Title IV 4. Section 4-31-11.D of Chapter 31, Title IV 5. Section 4-31-33.B.1 of Chapter 31,Title IV 6. Chapter 5 of Title V by adding section 5-5-5 7. Chapter 5 of Title VIII by adding section 8-5-22 8. Title VIII by adding Chapter 8, Aquifer Protection. SECTION I. Section 4-6-22.E.3 of Chapter 6, Environmental Ordinance (SEPA.), of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: 4-6-22.E.3: The City adopts by reference the policies in the following City Codes, ordinances, resolutions, and plans as they currently appear and as hereafter amended: a. 1976 -Planning Commission b. 1976 - Cedar River Master Plan c. 1978 -Airport Master Plan d. 1980 - Southeast Renton Plan e. 1981 -Northeast Renton Plan f. 1981 -Policies Element/Comprehensive Plan g. 1983 - Comprehensive Solid Waste Management Plan h. 1983 - Shoreline Management Plan i. 1983- Central Renton Plan j. 1984 - Comprehensive Water Plan k. 1984 - Comprehensive Sewer Plan 1. 1984 - Comprehensive Park and Recreation Plan m. 1984 -Green River Valley Plan n. Six-year Street Plan o. City of Renton Zoning Code ORDINANCE NO. 4367 p. Uniform Building Code q. Uniform Fire Code r. Uniform Mechanical Code s. Street Arterial Plan t. Uniform Electrical Code u. State Energy Code v. The Aquifer Protection Ordinance SECTION II. Section 4-22-3 of Chapter 22, Storm and Surface Water Drainage, of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: 4-22-3: DEFINITIONS: Unless thecontext specifically indicates otherwise, the meaning of terms used in this section shall be as follows: ADMINISTRATOR shall mean the Administrator of the Department of Planning/Building/Public Works of the city of Renton, or any successor office with responsibility for management of the Public Properties within the City of Renton, or his/her designee. CHEMICALS: "Chemicals" means all "Regulated Substances" as defined by the City of Renton in the Aquifer Protection Ordinance. COMPUTATION: Calculations, including coefficient and other pertinent data, made to determine the drainage plan with rate of flow of water given in cubic feet per second(cfs). DEPARTMENT: The Planning/Building/Public Works Department of the City of Renton. DETENTION/RETENTION FACILITIES: Facilities designed either to hold runoff for a short period of time and then releasing it to the point of discharge at a controlled rate or to hold water for a considerable length of time and then consuming it by evaporation, plants or infiltration into the ground. DEVELOPMENT COVERAGE: All developed surface areas within the subject property including but not limited to roof tops, concrete orasphalt paved driveways, carports, accessory buildings and parking areas. DIRECTOR: See Administrator. 2 ORDINANCE NO. 4367 DRAINAGE AREA: The total area whose drainage water flows to and across the subject property. DRAINAGE PLAN: The plan for receiving, handling, transporting surface water within the subject property. PEAK DISCHARGE: The maximum surface water runoff rate (cfs) at point of discharge, 'determined from the design storm frequency. RECEIVING BODIES OF WATER: Creeks, streams, rivers, lakes, storm sewers, wetlands and other bodies of water into which surface waters are directed, either naturally or in manmade ditches or open and closed system. STORM SEWER AND STORM DRAIN: A sewer which carries storm surface water, subsurface water and drainage. SUBJECT PROPERTY: The tract of land which is the subject of the permit and/or approval action. SECTION III. Section 4-22-8 of Chapter 22, Storm and Surface Water Drainage, of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: 4-22-8: DRAINAGE PLAN REQUIREMENTS AND METHODS OF ANALYSIS: A. All persons applying for any of the permits and/or approvals contained in Section 4-22-5 of this Ordinance shall provide a drainage plan for surface water flows entering, flowing within and leaving the subject property. The drainage plan and supportive calculation report(s) shall be stamped by • a professional civil engineer registered in the State of Washington. The drainage plan shall be prepared in conformance with the Core and Special Requirements contained in section 1.2 and 1.3 of Chapter 1, the hydrologic analysis methods contained in Chapter 3, the hydraulic analysis and design criteria in Chapter 4, and the erosion/sedimentation control plan and practices contained in Chapter 5 of the current King County Surface Water Design Manual,except where amended or appended by the Department. B. Special Requirement#13: Aquifer Recharge and Protection Areas. 3 . ORDINANCE NO. 4367 1. Threshold. IF a proposed project lies within an Aquifer Recharge and/or Protection Area as defined and designed by City ordinance and as indicated on the Aquifer Recharge and Protection Map at the City permit counter. 2. Requirement. THEN the proposed project drainage review and engineering plans shall be prepared in accordance with the special requirements, methods of analysis and design standards that have been adopted for Aquifer Recharge and Protection Areas by City ordinance. C. Chapter 1 of the King County Surface Water Design Manual which has been incorporated in the Renton City Code by reference is hereby amended to read as follows: 1. Section 1.2.1 CORE REQUIREMENT # 1: DISCHARGE AT THE NATURAL LOCATION, as follows: Add at end of existing section: Requirements that apply within Zones 1 and 2 of an Aquifer Protection Area: Surface and storm water runoff from a proposed project that proposes to construct new, or modify existing drainage facilities must be discharged at the natural location so as not to be diverted onto, or away from, the adjacent downstream property, except that surface and storm runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals should be discharged at the location and in the manner which will provide the most protection to the aquifer, as directed and approved by the Storm Water Utility and the Water Utility. Discharge from the project must produce no significant adverse impact to the downhill property. Where no conveyance system exists at the adjacent downstream property line or other acceptable location and the discharge was previously unconcentrated flow,the runoff must: a. Be conveyed across the downstream properties to an acceptable discharge point (see Core Requirement #2: OFFSITE ANALYSIS in Section 1.2.2), with drainage easements secured from the downstream owners and recorded at the King County Office of Records and Elections prior to drainage plan approval, OR b. Be discharged onto a rock pad shaped in a manner so as to disperse flow (see Figure 4.3.5I) if the runoff is less than 0.2 cfs peak runoff rate for the 100- year, 24-hour duration design storm event existing site conditions. 4 . ORDINANCE NO. 4367 2. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT# 3: RUNOFF CONTROL, "Biofiltration," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: Proposed project runoff resulting from more than five thousand square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall not be treated prior to discharge from the project site by on-site biofiltration measures but shall instead be treated by a wetvault meeting the design criteria contained in Section 1.3.5 SPECIAL REQUIREMENT # 5: SPECIAL WATER QUALITY CONTROLS, and then a coalescing plate oil/water separator meeting the design criteria contained in Section 1.3.6 SPECIAL REQUIREMENT# 6: COALESCING PLATE OIL WATER SEPARATORS. Note, storm detention (if needed) must occur prior to these water quality facilities, the water surface area and volume contained in the coalescing plate oil separator shall be creditable towards meeting the size requirement of the last cell in the upstream wetvault. Requirements for Zone 2 of an Aquifer Protection Area: Proposed project runoff resulting from more than five thousand square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall be treated prior to discharge from the project site by on-site biofiltration measures as described in Section 4.6.3 in Chapter 4 of the King County Surface Water Design Manual. All biofiltration facilities must be lined using the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. The biofiltration design flow rate shall be based on the peak rate of runoff for the 2-year, 24-hour duration design storm event total precipitation. Note, biofiltration facilities installed following peak rate runoff control facilities may be sized to treat the allowable release rate (pre-developed) for the 2-year 24-hour duration design storm event for the peak rate runoff control facility. Biofiltration facilities installed prior to peak rate runoff control facilities shall be sized based on the developed conditions with the design flow rate being the peak rate of runoff resulting from the water quality design storm event as described in Section 1.3.5, Special Requirement#5: SPECIAL WATER QUALITY CONTROLS. 3. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT# 3 RUNOFF CONTROL, "Detention Facilities," as follows: 5 T ORDINANCE NO. 4367 Add at end of existing section: • Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new detention ponds to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. 4. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT# 3 RUNOFF CONTROL, " Runoff Control," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new detention ponds to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. 5. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT# 3: RUNOFF CONTROL, "Infiltration Facilities," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new infiltration facilities to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. 6. Amend Chapter 1 of the King County Surface Water Design Manual. Section 1.2.4 CORE REQUIREMENT # 4: CONVEYANCE SYSTEM.. "(4) For new drainage ditches or channels," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: New drainage ditches or channels shall not be employed to convey the runoff resulting from impervious surface that is subject to vehicular use or storage of chemicals. Requirements for Zone 2 of an Aquifer Protection Area: New drainage ditches or • channels shall only be employed when a pipe system is not feasible. New drainage ditches or channels shall be lined using the design criteria, and existing drainage ditches or channels reconstructed, to convey the peak runoff from the 25 year design storm using the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. 6 Y Y ORDINANCE NO. 4367 and the Methods of Analysis described in Section 4.3.7 in Chapter 4 of the King County Surface Water Design Manual with a freeboard to overflow of 0.5 feet. In addition, new drainage ditches or channels must be demonstrated to convey the peak runoff from the 100-year design storm without overtopping. • 7. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.4 CORE REQUIREMENT#4: CONVEYANCE SYSTEM, "Composition," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: New conveyance systems shall be constructed in accordance with the Pipeline Requirements specified in Section 8-8-6.D of the Aquifer Protection Ordinance. Proposed projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or storage of chemicals. Said impervious surface shall be provided with the proper catch basins and a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. Requirements for Zone 2 of an Aquifer Protection Area: Proposed projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or storage of chemicals. Said impervious surface shall be provided with the proper catch basins and a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. 8. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT# 5: SPECIAL WATER QUALITY CONTROLS as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area Threshold IF a proposed project will discharge runoff from more than five thousand square feet of impervious surface that will be subject to vehicular use or storage of chemicals. Requirement THEN a wetvault meeting the standards described above shall be employed to treat a project's runoff prior to treatment by the coalescing plate oil/water separator and discharge from the 7 ORDINANCE NO. 4367 project site. New or existing retrofitted wetvaults and appurtenances shall meet the Pipeline Requirements specified in Section 8(E)of the Aquifer Protection Ordinance. 9. Amend: Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT# 5: SPECIAL WATER QUALITY CONTROLS as follows: Requirements for Zone 2 of an Aquifer Protection Area: Threshold IF a proposed project will construct more than one acre of impervious surface that will be subject to vehicular use or storage of chemicals and: a. Proposes direct discharge of runoff to a regional facility, receiving water, lake, wetland, or closed depression without on-site peak rate runoff control; OR b. The runoff from the project will discharge into a Type 1 or 2 stream, or Type 1 • wetland, within one mile form the project site; OR c. An infiltration facility will be used to provide the peak rate runoff control for site sub-basin areas with more than one acre of new or existing impervious surface that will be subject to vehicular use or storage of chemicals. Requirement THEN a wetpond meeting the standards described above shall be employed to treat a project's runoff prior to discharge from the site. A wetvault or water quality swale, as described above, may be used when a wetpond is not feasible. 10. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT # 6: COALESCING PLATE OIL/WATER SEPARATORS as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: Threshold IF a proposed project will discharge runoff from more than five thousand square feet of impervious surface that will be subject to vehicular use or storage of chemicals... Requirement 8 ORDINANCE NO. 4367 THEN a coalescing plate, or equivalent, oiUwater separator (as described above) shall be employed to treat this runoff following wetvault treatment and storm detention and discharge from the project site. SECTION IV. Section 4-31-11.D of Chapter 31, Zoning Code, of Title IV (Building Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby deleted. SECTION V. Section 4-31-33.B.1 of Chapter 31, Zoning Code, of Title IV (Building Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: 4-31-33.B.1: For all development in the Manufacturing Park (M-P), Office Park (0-P), Public Use(P-1), and Business (B-1)Zones and the R-1-5, R-2, R-3 and R-4 Residential Zones, all development with the Valley Planning Area, and for all hazardous waste treatment and storage facilities. For all development in the Light Industrial (L-1) and Heavy Industrial (H-1) Zones that fall within Zone 1 or Zone 2 of an Aquifer Protection Area. SECTION VI. Chapter 5.. Business Licenses, of Title V (Finance and Business Regulations), of Ordinance No. 4620 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding the following section: 5-5-5: Requirements for Business License Applications within an Aquifer Protection Area: All applications for business licenses within a designated Aquifer Protection Area (Zones 1 and 2) shall be required to include an inventory of regulated substances to be used on site. This inventory shall be on a form provided by the City and include type, quantity and form of regulated substances. The Water Utility shall review these inventories prior to issuance of the business license. SECTION VII. Chapter 5, Sewers, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding the following section: 8-5-22: REQUIREMENTS THAT APPLY WITHIN ZONES 1 AND 2 OF AN AQUIFER PROTECTION AREA: 9 ORDINANCE NO. 4367 . For properties located in Zone 1 of an Aquifer Protection Area, additional requirements pertaining to sewers are specified in the following sections of the Aquifer Protection Ordinance: Section 8-8-6.C, Wastewater Disposal Requirements; Section 8-8-6.D, Pipeline Requirements; and Section 8-8- 6.E, Construction Activity Standards. For properties located in Zone 2 of an Aquifer Protection Area, additional requirements pertaining to sewers are specified in the following sections of the Aquifer Protection Ordinance: Section 8-8-7.B, Review of Proposed Facilities; Section 8-8-7.C, Wastewater Disposal Requirements; Section 8- 8-7.D, Pipeline Requirements; and Section 8-8-7.E, Construction Activity Standards; and Section 8-8- 7.G, Potential to Degrade Groundwater. SECTION VIII. Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding the following Chapter: CHAPTER 8 AQUIFER PROTECTION SECTION: 8-8-1: Purpose and Intent 8-8-2: Definitions 8-8-3: Applicability 8-8-4: Provisions for Certain Regulated Substances Used in the Aquifer Protection Area 8-8-5: Aquifer Protection Areas and Zones 8-8-6: Regulations Which Apply Within Zone 1 of an APA 8-8-7: Regulations Which Apply Within Zone 2 of an APA 8-8-8: Regulations for Existing Solid Waste Landfills 8-8-9: Aquifer Protection Area Permits 8-8-10: Operating Permit Conditions 8-8-11: Regulated Substances Management Plan 8-8-12: Groundwater Monitoring Plan 8-8-13: Unauthorized Releases 8-8-14: Closure Permits and Permit Conditions 8-8-15: Enforcement 8-8-16: Notice of Violation 8-8-17: Injunctive Relief 8-8-18: Other Laws, Rules, and Regulations 8-8-19: Penalties 8-8-20: Administrative Rule 8-8-21: Modifications,Waivers,Alternatives, Tests 8-8-22: Appeals 8-8-23: Aquifer Protection Variance Procedures 8-8-24: Effective Date 8-8-25: Severability. 10 ORDINANCE NO.° 4367 8-8-1: PURPOSE AND INTENT: A. PURPOSE. The purpose of this Ordinance is to protect aquifers used as potable water supply sources by the City of Renton from contamination by regulated substances. This Ordinance establishes regulations for land uses within Aquifer Protection Areas; construction, inspection and monitoring standards for new and existing regulated substance facilities; uniform standards for release reporting, emergency response, substance management planning, closure and abandonments, and enforcement; and permit procedures. B. INTENT. It is the intent of this Ordinance to provide a method: 1. To protect the groundwater resources of the City of Renton. 2. To provide a means of regulating specific land uses within Aquifer Protection Areas. 3. To provide a means of establishing safe construction practices for projects built within an Aquifer Protection Area. 4. To protect the City of Renton's drinking water supply from impacts by facilities that store, handle, treat, use, or produce substances that pose a hazard to groundwater quality. 5. To protect public health and the environment by implementing the State Environmental Policy Act (RCW 43.21.C). C. OTHER SOURCES OF AUTHORITY. 1. Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency are established by State and Federal laws and are not covered by this Ordinance. 2. ;-The Generic Regulated Substances List attached and incorporated as Exhibit 1 to this Ordinance is provided for informational.purposes. Persons that store, handle, treat, use, or produce a substance on the Generic Regulated Substances List may be storing, handling, using, or producing a Regulated Substance as defined by this Ordinance and, therefore, may be subject to the requirements of this Ordinance. 3. In addition to the provisions of this Ordinance, all underground storage facilities shall meet all applicable provisions and requirements of Title VII, Chapter 2, Underground Storage and Secondary Containment Ordinance, of the Code of the City of Renton. 4. In addition to the provisions of this Ordinance, all hazardous substance facilities and installations shall meet all applicable provisions and requirements of Articles 80 of the Uniform Fire code, and City of Renton Ordinance No. 4186, Zoning Requirements for • Hazardous Waste Treatment and Storage Facilities. D. RE-EVALUATION. The provisions of this Ordinance will be re-evaluated by the City Council after July 1, 1993 to determine whether the Ordinance is meeting the goal of effective aquifer protection. This review period will allow staff to compile and assess regulated substance data submitted in operating permit applications for Aquifer Protection Area Zone 1. 11 ORDINANCE NO. 4367 8-8-2: DEFINITIONS: A. ADMINISTRATOR shall mean the Administrator of the Department of Planning/Building/Public Works of the City of Renton, or any successor office with responsibility for management of the Public Properties within the City of Renton, or his/her designee. B. AQUIFER shall mean a groundwater-bearing geologic formation or formations that contain enough saturated permeable material to yield significant quantities of water to wells. C. AQUIFER PROTECTION AREA (APA) shall be the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City of Renton, as defined in Exhibit 2 to this Ordinance. D. AQUIFER PROTECTION AREA PERMIT shall mean an authorization by the Utility for a person to store, handle, treat, use or produce a regulated substance within an APA. The two types of permits that will be issued pursuant to this Ordinance are an Operating Permit and a Closure Permit. E. AQUIFER PROTECTION ZONES are zones of an APA designated to provide graduated levels of aquifer protection. Each APA may be subdivided into two aquifer protection zones: 1. Zone 1: The land area situated between a well or well field owned by the City of Renton and the 365-day groundwater travel time contour. 2. Zone 2: The land area situated between the 365-day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City of Renton. 3. Protected APA designated Zone 2: If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata, the City of Renton may choose not to subdivide an APA into two zones. In such a case, the entire APA will be designated as Zone 2. F. CONSTRUCTION ACTIVITY roans construction and all activities associated with construction,to include, but not be limited to, mining;grading; landfilling; excavating; and repair and maintenance of structures, equipment, and other appurtenances. G. CONTAINMENT DEVICE means a device that is designed to contain an unauthorized release, retain it for cleanup,and prevent released materials from penetrating into the ground. H. EPA shall mean the United States Environmental Protection Agency. 1. FACILITY means all contiguous land within an APA, structures, other appurtenances, and improvements on the land wherein regulated substances are stored, handled, treated, used, or produced in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. Pipelines including storm and sanitary sewers, interstate freeways, state highways, arterials,and railroads are facilities for purposes of construction standards and operations review only, are not prohibited in Zone 1, and do not require an Aquifer Protection Area Operating Permit. These facilities may, however, be subject to special requirements that are supportive of aquifer protection, contained in relevant sections of the City code, and applied during the construction standards and operations review process. J. GROUNDWATER means water below the land surface in the zone of saturation. 12 • ORDINANCE NO. 4367 K. GROUNDWATER MONITORING PLAN shall mean a plan containing procedures to be followed to assess groundwater quality for concentrations of those chemicals identified in the operating permit. L. GROUNDWATER MONITORING WELL means a small-diameter well installed for purposes of sampling and monitoring groundwater. M. HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITY means any facility regulated pursuant to 40 CFR 264 or 265, or WAC 173-303-280 through WAC 173- 303-670. N. OPERATOR means any person in control of, or having responsibility for, the daily operation of a facility. O. OWNER may include a duly authorized agent or attorney, a purchaser, devisee, fiduciary, and/or a person having vested or contingent interest in the property and/or facility in question. P. PERSON shall mean any person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, owner, lessee, tenant, or any other entity whatsoever or any combination of such,jointly or severally. Q. PIPELINE shall mean buried pipe systems (including all pipe, pipe joints, fittings, valves, manholes, sumps, and appurtenances that are in contact with the substance being transported) utilized for the conveyance of regulated substances. Pipelines include, but are not limited to, sanitary sewers, side sewers, storm sewers, leachate pipelines, and product pipelines. R. POTABLE WATER shall mean water that is satisfactory for drinking, culinary, and domestic purposes meeting current county, state, and federal drinking water standards. S. REGULATED SUBSTANCES shall mean any flammable liquids, combustible liquids, hazardous materials, and other substances, which are more particularly defined as: 1. FLAMMABLE LIQUID is any liquid having a flash point below 100 degrees F and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees F. 2. COMBUSTIBLE LIQUID is a liquid having a flash point at or above 100 degrees F. 3. HAZARDOUS MATERIALS shall include such materials as flammable solids. corrosive liquids, radioactive materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hyperbolic materials, and pyrophoric materials as defined in Article 9 of the Uniform Fire Code and any substance or mixture of substances which is an irritant or a strong sensitizer or which generates pressure through exposure to heat,decomposition, or other means. 4. OTHER SUBSTANCES shall mean: • a. A Hazardous Substance as defined by Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or (1)any substance designated pursuant to Section 311(b) (2) (A) of the Clean Water Act (CWA); (2)any element, compound, mixture, solution, or substance designated pursuant to Section 102 of CERCLA; (3)any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not including any waste, the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress); (4)any toxic pollutant listed under Section 307 (a) of the CWA; and 13 ORDINANCE NO. 4367 • (5)any imminently hazardous chemical substance or mixture with respect to which EPA has taken action pursuant to Section 7 of the Toxic Substances Control Act. b. Hazardous Substances that include any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090, 173-303-101, 173-303-102, or 173-303-103. c. Hazardous Waste as designated in WAC 173-303 as dangerous or extremely hazardous waste. d. Any material that may degrade groundwater quality when improperly used, stored, disposed of, or otherwise mismanaged. T. REGULATED SUBSTANCES MANAGEMENT PLAN shall mean a plan containing procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a regulated substance. U. SOLID WASTE shall be defined as per Chapter 173-304 WAC, Minimal Functional Standards for Solid Waste Handling,WAC 173-304-100 (73). V. UNAUTHORIZED RELEASE means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a regulated substance in a quantity greater than 1 gallon (5 pounds) per incident from a facility into a containment system, into the air, into groundwater, surface water, surface soils or subsurface soils. Unauthorized release does not include: intentional withdrawals of regulated substances for the purpose of legitimate sale, use, or disposal; and discharges permitted under federal, state, or local law. W. UNDERGROUND STORAGE FACILITY shall be defined as in City of Renton Ordinance No. 4147, Underground Storage Tank Secondary Containment Ordinance, Section 71204 (T). X. UNDERLYING PERMITS shall mean permits required by the City of Renton, including but not limited to building permits; conditional use permits; mining, excavation, and fill and grade permits; shoreline development permits; site plan reviews; variance rezones; planned unit developments; and subdivision, short subdivision, and land use permits. Y. UTILITY shall mean the City of Renton Water Utility. Z. UTILITY STANDARDS shall mean standard design and construction practices adopted by the Utility. AA. WELL FIELD shall mean an area which contains one or more wells for obtaining a potable water supply. BB. WELL shall mean a pit or hole dug into the earth to reach an aquifer. 8-8-3: APPLICABILITY: A. Persons who own and/or operate one or more facilities in an Aquifer Protection Area (APA) shall comply with this Ordinance except as preempted by federal or state law. If the operator of the facility is not the owner, then the owner shall enter into a written contract with the operator requiring the operator to comply with this Ordinance. Execution of this contract between the owner and operator shall not absolve the owner of the legal responsibility for compliance. 14 ORDINANCE NO. 4367 . Any person who owns or operates more than one facility in a single Zone of the APA shall have the option of obtaining one permit for all operations if the operations at each facility are similar and the permit requirements under this Ordinance are applicable to each facility individually. B. The effective date for permit applications is January 1, 1993. C. Within six (6)months of the effective date for permit applications, all existing facilities located in Zone 1 of an APA must file an APA Operating Permit, Closure Permit, or relocation application with the Utility. D. Within one (1) year of the effective date for permit applications, all existing facilities located in Zone 2 of an APA must file an APA Operating Permit or Closure Permit application with the Utility. Within two (2) years of this effective date, all existing facilities located in Zone 2 of an APA must comply with the permitting requirements of this Ordinance including construction, containment, monitoring, and inspection, and must have an approved Regulated Substances Management Plan. E. All proposals for new facilities within any Zone of an Aquifer Protection Area must be reviewed for compliance with this Ordinance including obtaining an Operating permit pursuant to this Ordinance, prior to issuance of any underlying permits. F. All owners and/or operators of facilities which store, handle, treated, use, or produce regulated substances or have done so in the past, must comply with the permit requirements, release reporting requirements, and closure requirements as set forth in this Ordinance. G. All Aquifer Protection Area operating permits must be renewed by the Utility on an annual basis. 15 • ORDINANCE NO. 4367 _ H. Exemptions: 1. The storage and handling of regulated substances for resale in their original unopened containers of five (5)gallons or twenty-five(25)pounds or less shall be exempt from the permit requirements of this Ordinance. 2. De Minimus Usage of Regulated Substances: Facilities that use, store, or handle regulated substances in quantities of five(5)gallons or twenty-five (25) pounds or less of any one regulated substance, and in aggregate quantities of twenty (20)gallons or one- hundred (100)pounds or less of all regulated substances, shall be exempt from the permit requirements of this Ordinance. Where regulated substances are dissolved in or mixed with other non-regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this ordinance. 3. Single family residences and other strictly residential uses are exempt from the permit requirements of this Ordinance provided that no home business (as defined by Title 4, Chapter 31 of the Code of the City of Renton) is operated on the premises. 4. Fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle shall be exempt from the permit requirements of this Ordinance. 5. Existing heating systems using fuel oil are exempt from the requirements of this Ordinance. 6. If the Utility determines that an existing or-proposed activity, that is exempt from the permit requirements of this Ordinance pursuant to this section, has a significant or substantial potential to degrade groundwater quality, then the Utility may classify that activity as a facility as defined by this Ordinance, and therefore require that facility to comply with the permit requirements of this Ordinance. Such determinations will be based upon site-specific data and shall be eligible for appeal pursuant to Section 8-8-22 of this Ordinance. 7. Public interest emergency use and storage of regulated substances by governmental organizations is exempt from the permit requirements of this Ordinance. 8. Regulated substances used by the City of Renton in water treatment processes are exempt from the permit requirements of this Ordinance. 9. Fueling of equipment not licensed for street use is exempt from the permit requirements of this Ordinance, provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent leakage. 10. Regulated substances contained in properly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part of routine use are exempt from the permit requirements of this ordinance. 16 • . ORDINANCE NO. 4367 8-8-4: PROVISIONS FOR CERTAIN REGULATED SUBSTANCES USED IN THE 'AQUIFER PROTECTION AREA: A. The application of regulated substances such as pesticides, herbicides, and fungicides in recreational, agricultural, pest control, and weed control activities, and in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance, shall be allowed in an APA provided that: 1. The application is in strict conformity with the use requirements as set forth by the EPA and as indicated on the containers in which the substances are sold. 2. Applicators of these regulated substances apply for a Modified Aquifer Protection Area Operating Permit. B. The application of fertilizers containing nitrates, and in quantities greater than the de minimis amounts specified in Section 8-8-3-H.2 of this Ordinance, shall be allowed in an APA provided that: 1. No application of nitrate-containing materials shall exceed one-half (0.5)pound of nitrogen per thousand square feet per single application or a total yearly application of five (5)pounds of nitrogen per thousand square feet; except that an approved slow- release nitrogen may be applied in quantities of up to nine-tenths (0.9) pound of nitrogen per thousand square-feet per single application or eight (8)pounds of nitrogen per thousand square feet per year;and 2. Applicators of these regulated substances apply for a Modified Aquifer Protection Area Operating Permit. C. Storage of regulated substances described in Section 8-8-4.A above, in quantities greater than the de minimus amounts specified in Section 8-8-3.H.2 of this Ordinance shall be subject to the full Aquifer Protection Area Operating Permit requirements specified in the Ordinance. 8-8-5: AQUIFER PROTECTION AREAS AND ZONES: • A. The locations of Aquifer Protection Areas (APA)in the City of Renton are defined in Exhibit 2 to this Ordinance. Aquifer Protection Area Maps are on file with the City Clerk,the Department of Planning/Building/Public Works, and the Renton Fire Department. Exhibit 3 contains the legal description of the APA. B. Determination of location within a Zone of an Aquifer Protection Area: In determining the location of facilities within the zones defined by Exhibit 2,the following rule shall apply. 1. Facilities located wholly within an APA zone shall be governed by the' restrictions applicable to that zone. 2. Facilities having parts lying within more than one zone of an APA shall be governed as follows: each part of the facility shall be reviewed and regulated by the requirements set forth in this Ordinance for the zone in which that part of the facility is actually located. 3. Facilities having parts lying both in and out of an APA shall be governed as follows: a. That portion which is within an APA shall be governed by the applicable restrictions in this ordinance,and b. That portion which is not in an APA shall not be governed by this ordinance. 17 ORDINANCE NO. 4367 C. The Aquifer Protection Area which is identified herein is designated as an Environmentally Sensitive Area pursuant to the State Environmental Policy Act, WAC 197-11-908, and Title IV, Chapter 7, Section 4-2828 of the City Code. The following SEPA categorical exemptions shall not apply within said area: WAC 197-11-800: (1), (2) c through g, (3), (5), 6(a), 14(c), (24) c, e, f, (25)h; and Chapter 7, Section 4-2826 of this Code. 8-8-6: REGULATIONS WHICH APPLY WITHIN ZONE 1 OF AN APA: A. REMOVAL OF EXISTING FACILITIES. 1. Ten (10) years after the effective date of this ordinance, the storage, handling, use, treatment or production of any regulated substance in quantities greater than the de minimus amounts specified in Section 8-8-3.H.2 of this Ordinance at existing facilities shall not be allowed within Zone 1 of an APA. 2. Existing facilities located in Zone 1 of an APA and using, storing or producing regulated substances over the de minimis quantity must apply for an operating permit, closure permit or relocation assistance within 6 months of the effective date for permit applications. 3. The City is offering relocation incentives to facilities in Zone 1 of an APA that use, store or produce regulated substances and who wish to relocate outside of Zone 1 to include: a. Waiver of Special Utility Connection Charges fees if relocation is within the City of Renton limits and occurs within 5 years of the effective date for permit applications. b. In the first year following the effective date for permit applications, the City shall pay 60% of documented relocation expenses up to $60,000; in the second year following the effective date for permit applications, the City shall pay 50% of documented relocation expenses up to $25,000; in the third year following the effective date for permit applications, the City shall pay 40% of documented relocation expenses up to $15,000; in the fourth year the City shall pay 30% of documented relocation expenses up to $5,000. Payment shall be made only if relocation is within the City limits of Renton. c. Timing of payment of relocation expenses and completion of other specific requirements shall be made according to the administrative rule to be adopted by the Administrator. To be eligible for a specific years reimbursement schedule, relocation must be completed within 18 months of the start of each year. 4. Once a facility in Zone 1 is closed, relocated, or the use of regulated substances is terminated, reinstatement of the use of regulated substances on the site in quantities greater than de minimis quantities shall be prohibited. 5. Closure of a facility or termination of any or all facility activities shall be conducted in accordance with the closure requirements (Section 8-8-14)of this Ordinance. B. REVIEW OF PROPOSED ACTIVITIES. 1. Within Zone 1 of an APA, no changes in land use and no construction activities shall be allowed unless a finding is made by the Utility that the proposal will not impact the long term, short term or cumulative quantity or quality of the aquifer. The finding shall be based on the present or past activities conducted at the facility; regulated substances stored, handled,treated,used or produced; and the potential for the activities or regulated substances to degrade groundwater quality. 18 , • ORDINANCE NO. 4367 2. Changes in land use and types of new facilities which are prohibited within Zone 1 of an APA include, but are not limited to: any use in which regulated substances are used, stored, treated, or handled; or which produces moderate risk waste, hazardous waste, and/or dangerous waste. The use of regulated substances in de minimus quantities as defined in Section 8-8-3.H.2 of this Ordinance shall be exempt from this provision. 3. The conversion of heating systems to fuel oil or the installation of new fuel oil heating systems in Zone 1 of the APA after the effective date of this Ordinance is prohibited. 4. The following specific changes in land use and types of new facilities will be prohibited within Zone 1 of an APA: surface impoundments (as defined in WAC 173-303 and 304); waste piles (as defined in WAC 173-303 and 304); hazardous waste treatment, storage, and disposal facilities; all types of landfills including solid waste landfills; transfer stations; septic systems; recycling facilities that handle regulated substances; underground storage facilities; and petroleum product pipelines. 5. All applications for changes in land uses and for all.underlying permits in Zone 1 of the APA must be reviewed for compliance with this Ordinance. The focus of review for all permits will be on the substances that will be stored, handled, treated, used or produced; and the potential for these substances to degrade groundwater quality. All permits required pursuant to this Ordinance must be issued prior to or concurrent with the issuance of permits for construction activities or underlying permits for these activities. 6. All proposals for changes in land use or for construction activities shall be subject to site plan review pursuant to Title IV, Chapter 31, Section 4-31-33. 7. In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the quantities of regulated substances stored, handled, treated, used, or produced in excess of quantities reported in the initial Aquifer Protection Area Operating Permit unless granted a special permit. C. WASTEWATER DISPOSAL REQUIREMENTS. 1. New developments (residential and non-residential) shall, as a condition of the building permit, be required to connect to a central sanitary sewer system prior to occupancy. 2. Existing developments (residential and non-residential) may be required to connect to a central sewer system as a requirement of any Building Permit issued after the effective date of this ordinance for the property. 3. All existing developments (residential and non-residential) which are within 330 feet of an existing gravity sanitary sewer with capacity shall be required to connect within two years of the passage of this ordinance. All existing developments (residential and non- residential) which are located within 330 feet of a new gravity sanitary sewer,line with capacity shall be required to connect within two years of the availability of the new sewer line. D. PIPELINE REQUIREMENTS. 1. All new and existing pipelines in Zone 1 shall be constructed or repaired in accordance with material specifications contained in Exhibit 4. All existing product pipelines in Zone 1 shall be repaired and maintained in accordance with best management practices and best available technology. 2. All new pipelines constructed in Zone 1 shall be tested for leakage in conformance with this paragraph prior to being placed into service. Pipeline leakage testing shall be 19 • ORDINANCE NO. 4367 conducted in accordance with best available technology, to the satisfaction of the Utility. Pipeline leakage testing methods shall be submitted to the Utility for review prior to testing and shall include: a detailed description of the testing methods and technical assumptions; accuracy and precision of the test; proposed testing durations, pressures, and lengths of pipeline to be tested; and scale drawings of the pipeline(s)to be tested. Upon completion of testing, pipeline leakage testing results shall be submitted to the Utility and shall include: record of testing durations, pressures, and lengths of pipeline tested; and weather conditions at the time of testing. Routine leakage testing of new pipelines constructed in Zone I may be required by the Utility. 3. If the Utility has reason to believe that the operation or proposed operation of an existing pipeline in Zone 1 of an APA may degrade groundwater quality, the Utility may require: leakage testing of the existing pipeline in accordance with paragraph 2 of this subsection; and installation, sampling, and sample analysis of monitoring wells. Routine leakage testing of existing pipelines in Zone 1 may be required by the Utility. Criteria for this determination is specified under Section 8-8-7.G.2 of this ordinance. 4. Should pipeline leakage testing reveal any leakage at any level then the Utility shall require immediate repairs to the pipeline to the satisfaction of the Utility such that no infiltration of water into the pipeline or exfiltration of substances conveyed in the pipeline shall occur. Any repairs which are made shall be tested for leakage pursuant to paragraph 2 of this subsection. E. CONSTRUCTION ACTIVITY STANDARDS. The following standards will be followed for any construction activity which shall be undertaken within Zone 1 of an APA and shall be included as conditions of any underlying permit. These standards shall applyto the storage, handling, treatment, use, or production of regulated substances in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. 1. No temporary storage of regulated substances on-site shall be permitted unless it can be demonstrated that no other feasible site alternative exists. The feasibility determination shall be made based on avoiding the probable threat to the aquifer balanced against unreasonable or excessive expense and extreme impracticality,not incon:.:.nience. Should regulated substance storage be permitted, then such storage shall be limited to a period not to exceed five (5) consecutive weekdays or longer if security or project personnel are on site. In any case,temporary regulated substance storage shall be limited to a maximum of fifteen(15)days. 2. The underlying permit shall specify those regulated substances to be used and/or temporarily stored on-site. These substances shall be limited to the absolute minimum quantity required to accomplish the specific task. 3. All regulated substances stored temporarily on-site shall be secondarily contained within leak-proof structures (liners, vaults, paved areas with curbing, etc.). The location of temporary storage must be specified on the building plans or site plans with a copy to the Renton Fire Department and Utility. 4. The construction activity staging area shall be located in Zone 1 of an APA only if no feasible site exists outside Zone 1. The staging area shall be limited to the minimum area absolutely required. The staging area must be specified on the approved building or site plans. 20 1 ORDINANCE NO. 4367 5. The use of petroleum products on site shall be limited during construction activities to that amount which is necessarily required. 6. All refueling of equipment shall take place outside of Zone 1 if feasible. If such refueling is not feasible, then the refueling area must be covered with a leak-proof membrane sur- rounded by temporary retaining walls. 7. All equipment directly associated with performance of the construction activity shall be "bibbed" to contain leakage of petroleum products. Bibs shall be drained and cleaned a minimum of once each day. Any such equipment which is known to be leaking petroleum products, including fuel or hydraulic fluid, shall be prohibited on the site. 8. The contractor shall comply with all applicable laws relating to disposal of hazardous substances and shall be contractually responsible for ensuring that all subcontractors comply as well. F. REQUIREMENTS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING FACILITIES. The following conditions will be required as part of any Operating Permit issued in Zone I of an APA. These conditions must be met within two (2) years of the effective date for permit applications. 1. Containment: Every owner/operator of a facility shall provide containment devices adequate in size to contain on-site any unauthorized release of regulated substances from any area where these substances are either stored, handled, treated, used, or produced. Containment devices shall prevent such substances from penetrating into the ground. This provision also applies to releases that may mix with storm runoff. Design requirements for containment devices are as follows: a. The containment device shall be large enough to contain 110 (one hundred ten) percent of the volume of the container in cases where a single container is used to store, handle, treat, use, or produce a regulated substance. In cases where multiple containers are used, the containment device shall be large enough to contain 150 percent of the volume of the largest container or 10 percent of the aggregate volume of all containers,whichever is greater. b. All containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any regulated substance. If coatings are used to provide chemical resistance for containment devices, they shall also be resistant to the expected abrasion and impact conditions. Containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release. c. If the containment device is open to rainfall,then it shall be able to accommodate the volume of precipitation that could enter the containment device during a 24- hour, 100-year storm, in addition to the volume of the regulated substance storage required in Subsection 2a above. d. Containment devices shall be constructed so that a collection system can be installed to accumulate, temporarily store, permit detection of the presence of, and permit removal of any storm runoff or regulated substance. e. Containment devices shall include monitoring procedures or technology capable of detecting the presence of a regulated substance within 24 hours following a release. 21 ORDINANCE NO. 4367 £ The following shall be prohibited within any areas used for containment of regulated substances: floor drains, catchbasins, or other conveyance piping that does not discharge into a containment device that meets the requirements of this ordinance. Any existing conveyance piping that is prohibited by this paragraph shall be abandoned by sealing and decommissioning using procedures and designs approved by the Water Utility. 2. Regulated Substance Monitoring Requirements for Existing Facilities a. The owners or operators of all existing facilities shall implement regulated sub- stances monitoring as part of the Regulated Substances Management Plan required by Section 8-8-11 of this Ordinance. b. All regulated substance monitoring activities shall include the following: (1) A written routine monitoring procedure which includes, when applicable: the frequency of performing the monitoring method, the methods and equipment to be used for performing the monitoring, the locations(s) from which the monitoring will be performed, the name(s) or titles(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment,and the reporting format. (2) Written records of all monitoring performed shall be maintained on-site by the operator for a period of 3 years from the date the monitoring was per- formed. The Utility may require the submittal of the monitoring records or a summary at a frequency that the Utility may establish. The written records of all monitoring performed in the past 3 years shall be shown to the Utility upon demand during any site inspection. Monitoring records shall include but not be limited to: i. The date and time of all monitoring or sampling: ii. Monitoring equipment calibration and maintenance records; iii. The results of any visual observations; iv. The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets; v. The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test results; and vi. The results of inventory readings and reconciliations. (3) Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually monitor. c. For facilities located in Zone 1 of an APA, on every day of operation, a responsible person designated by the permittee shall check for breakage or leakage of any container holding regulated substances. Electronic sensing devices approved by the Water Utility may be employed as part of the inspection process, provided that the system is checked daily for malfunctions. 3. Emergency Collection Devices. 22 NO4367 For facilities located in ZoneORDINANCE 1 of an APA. , vacuum suction devices, absorbent scavenger materials, or other devices approved by the Water Utility shall be present on site (or available within an hour by contract with a cleanup company approved by the Water Utility), in sufficient quantity to control and collect the total quantity of regulated substances plus absorbent material. The presence of such emergency collection devices and/or cleanup contract are the responsibility and at the expense of the owner/operator, and shall be documented in the Operating Permit. 23 , ORDINANCE NO. 4367 4. Inspection of Containment and Emergency Equipment. For facilities located in Zone 1 of an APA, owners/operators shall establish procedures for monthly in-house inspection and routine maintenance of containment and emergency equipment. Such procedures shall be in writing; a regular checklist and schedule of maintenance activity shall be established, and a log shall be kept of inspections and maintenance activities. Such logs and records shall be made available at all reasonable times to the Water Utility for examination. 5. Inventory of Regulated Substances. For facilities located in Zone 1 of an APA, owners/operators of all facilities shall keep and maintain an inventory of all regulated substances on site to include recording of all purchases, sales and use. This inventory shall be kept on site for a period of at least three years from the date the inventory was recorded and made available to the Water Utility at all reasonable times for inspection. 6. Employee Training. Operators of all facilities in Zone 1 shall schedule training for all employees twice per year to explain the conditions of the Operating Permit such as emer,Lency response procedures, monitoring and reporting requirements, record keeping requirements, and the types and quantities of regulated substances on site. These training sessions will be documented and recorded and the names of those in attendance will be recorded. These records shall be made available at all reasonable times to the Water Utility for inspection. 7. Additional Operating Permit Requirements for Zone 1: By the fifth year following the effective date for permit applications, owners and/or operators shall complete the following: a. ` Groundwater Monitoring: For facilities located in Zone 1 of an APA, an owner/operator of a facility may, at its own expense, be required to install one or more groundwater monitoring wells as determined by and in a manner approved by the Utility. Criteria used to determine the need for monitoring wells shall include but not be limited to the proximity of the facility to the City's production or monitoring wells, the type and quantity of regulated substances on site, and whether or not the regulated substances are stored in underground vessels. Every owner required to install monitoring wells shall, at its own expense, sample groundwater in each monitoring well within thirty (30)days of completing well construction and semiannually thereafter, and obtain independent analytical results of the presence and concentration of those chemicals identified by the Utility in the Operating Permit (including breakdown and transformation products). The analytical results shall be obtained through the use of the EPA-approved methods for water. The results shall be filed within 72 hours with the Utility. b. Site Improvements. (1) For facilities located in Zone 1 of an APA, the owner/operator shall pave all currently unpaved areas of their facility that are subject to any vehicular use or storage, .use, handling, or production of regulated substances. (2) For those facilities located in Zone 1 of an APA in which the nature of the business involves the use of regulated substances outside of fully enclosed structures, the City shall evaluate the existing stormwater 24 - ORDINANCE NO. 4367 collection and conveyance system, and reserves the right to require the owner/operator to upgrade the system to meet ordinance requirements (Section 2 and Section 8-8-6.D.) c. Capital Cost Reimbursement for Additional Operating Permit Requirements. The City shall pay 50%of documented capital costs up to $25,000 for required installation and construction of monitoring wells, site paving and stormwater improvements as required in Section 8-8-6.F.7.a. Payment by the City shall be made according to adopted administrative rules. 8-8-7: REGULATIONS WHICH APPLY WITHIN ZONE 2 OF AN APA: A. EXISTING FACILITIES. The storage, handling, treatment, use or production of regulated substances at existing facilities shall be allowed within Zone 2 of an APA upon compliance with the provisions of this Ordinance. B. REVIEW OF PROPOSED ACTIVITIES. 1. Section 8-8-6.B of this Ordinance, which pertains to review of proposed facilities in Zone 1 of an APA, also applies to Zone 2 of an APA. 2. The conversion of heating systems to fuel oil or the installation of new fuel oil heating systems in Zone 2 of the APA after the effective date of this Ordinance is prohibited. 3. The following specific changes in land use and types of new facilities will be prohibited within Zone 2 of an APA: hazardous waste surface impoundments; waste piles (as defined in WAC 173-303 and 304); recycling facilities that handle regulated substances; hazardous waste treatment and storage facilities; solid waste landfills; transfer stations; septic systems; and petroleum product pipelines. C. WASTEWATER DISPOSAL REQUIREMENTS. 1. New developments (residential and non-residential) shall, as a condition of the building permit, be required to connect to a central sanitary sewer system prior to occupancy. 2. Sanitary sewers shall be constructed in accordance with prevailing American Public Works Association (APWA) standards with respect to minimum allowable infiltration and exfiltration. D. PIPELINE REQUIREMENTS. If the Utility has reason to believe that the operation or proposed operation of an existing pipeline in Zone 2 of an APA may degrade groundwater quality, the Utility may require: leakage testing in accordance with Section 8-8-6.D.2 of this Ordinance; installation, sampling, and sample analysis of groundwater monitoring wells; repair of the pipeline to the satisfaction of the Utility such that degradation of groundwater quality is minimized or eliminated. Criteria for this determination is specified under Section 8-8-7.G.2 of this ordinance. E. CONSTRUCTION ACTIVITY STANDARDS. 25 • 4367 ORDINANCE NO. Standards to be followed for any construction activity which shall be undertaken within Zone 2 of an APA for any underlying permit issued for the project shall be as specified for Zone 1 of an APA in Section 8-8-6.E of this Ordinance. F. REQUIREMENTS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING AND NEW FACILITIES. Permit requirements as part of any permit issued in Zone 2 of an APA shall be as specified for Zone 1 of an APA in Section 8-8-6.F.1 and 2 of this Ordinance. G. POTENTIAL TO DEGRADE GROUNDWATER. 1. If the Utility determines that an existing or proposed facility located in Zone 2 of an APA has a potential to degrade groundwater quality which equals or exceeds that of a permitted facility in Zone 1,then the Utility may require that facility to fully comply with Section 8-8-6 of this Ordinance. 2. Criteria used to make this determination shall include but not be limited to the present and past activities conducted at the facility; types and quantities of regulated substances stored, handled, treated, used or produced; the potential for the activities or regulated substa:;•:es to degrade groundwater quality; history of spills at the site, and presence of contamination on site. 3. Such determinations shall be subject to appeal pursuant to Section 8-8-22 of this Ordinance. 8-8-8: REGULATIONS FOR EXISTING SOLID WASTE LANDFILLS: A. The Utility shall have the authority-to inspect and screen any excavated dirt, soil or other material prior to placement in a solid waste landfill if the material is suspected of containing contaminants at levels which may impact groundwater quality. The Utility may require the owner to conduct a sampling program to determine if contaminants are present in materials prior to landfilling. B. The Utility shall require an owner of a solid waste landfill to submit a groundwater monitoring program. The program shall include: 1. Number, locations and depths of monitoring wells to be installed; and 2. Monitoring well drilling and construction methods; and 3. Groundwater sample collection, shipment and handling procedures, including the frequency of sampling;and 4. List of constituents to be analyzed, including test methods; and 5. Procedure for measuring groundwater elevation; and 6. A statistical procedure for determining whether a significant change over background has occurred; and 7. A procedure for regular reporting of monitoring results to the Utility. 8-8-9: AQUIFER PROTECTION AREA PERMITS: 26 • ORDINANCE NO. 4367 A. No person, persons, corporation, or other legal entities shall install or operate a facility in an APA without first obtaining an Operating Permit from the Utility and a permit from the Department pursuant to the Uniform Fire Code, if required. B. The Utility shall not issue an Operating Permit for a facility unless adequate plans, specifications, test data, and/or other appropriate information has been submitted by the owner and/or operator showing that the proposed design and construction of the facility meets the intent and provisions of this Ordinance and will not impact the short term, long term or cumulative quantity or quality of groundwater. C. No person, persons, corporation or other legal entity shall temporarily or permanently abandon a facility in an APA without complying with the requirements of Section 8-8-14 Closure Permits and Permit Conditions of this Ordinance. D. No person,persons, corporation or other legal entity shall close a facility without first obtaining a Closure Permit to do so from the Utility. The Utility shall not issue a permit to temporarily or permanently close a facility unless adequate plans and specifications and other appropriate information has been submitted by the applicant showing that the proposed closure meets the intent and provisions of this Ordinance. E. The application for Operating Permits pursuant to this Ordinance shall be made on a form provided by the City. 8-8-10: OPERATING PERMIT CONDITIONS: Specific conditions for Operating Permits issued to facilities in Zones 1 and 2 of an APA are described in Sections 8-8-6 and 8-8-7 of this Ordinance, respectively. The following general conditions shall be included as part of any Operating permit issued pursuant to this Ordinance: A. The Operating Permit application (for permits other than application of pesticides, herbicides, fungicides, or fertilizers containing nitrates) shall include at a minimum: 1. A list of the names and volumes of all regulated substances which are stored, handled, treated,used, or produced at the facility being permitted in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. 2. A list of the chemicals to be monitored through the analysis of groundwater samples if groundwater monitoring is anticipated to be required. 3. A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of regulated substances in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. 4. A description of the containment devices used to comply with the requirements of this Ordinance. 5. A proposed Regulated Substances Management Plan for the facility. 6. A description of the procedures for inspection and maintenance of containment devices. 7. A description of how regulated substances will be disposed. 8. A site map showing the location of the facility and its property boundaries and the locations where regulated substances in containers quantities greater than five (5) gallons or twenty-five (25) pounds in size are stored, handled, treated, used, produced. The location of each containment device also should be identified on the site plan. 27 a ORDINANCE NO. 4367 B. Procedures for the in-house inspection and maintenance of containment devices and areas where regulated substances are stored, handled, treated, used, and produced shall be identified in the Operating permit for each facility. Such procedures shall be in writing, and a log shall be kept of all inspection and maintenance activities. Such logs shall be submitted to the Utility annually and shall be available for inspection. Inspection and maintenance logs shall be maintained on-site by the owner or operator for a period of at least 3 years from the date the monitoring was performed. C. The permittee shall report to the Utility within 15 days after any changes in a facility including: 1. The storage,handling,treatment, use, or processing of new regulated substances; 2. Changes in monitoring procedures; or 3. The replacement or repair of any part of a facility that is related to the regulated substance(s). D. The permittee shall report to the Utility any unauthorized release occurrence, within 24 hours of its detection, in accordance with Section 15 of this Ordinance. E. An Operating Permit, issued by the Utility, shall be effective for 1 year. The Utility shall not issue a permit to operate a facility until the Utility determines that the facility complies with the provisions of these regulations. If an inspection of the facility reveals noncompliance, then the Utility must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit. The facility owner shall apply to the Utility for permit renewal at least 60 days prior to the expiration of the permit. F. Operating Permits may be transferred to a new facility owner/operator if the new facility owner does not change any conditions of the permit, the transfer is registered with the Utility within 30 days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership. G. Within 30 days of receiving an inspection report from the Utility, the Operating Permit holder shall file with the Utility a plan and time schedule to implement any required modifications to the facility or to the monitoring plan needed to achieve compliance with the intent of this Ordinance or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Utility. H. Modified Operating Permits for the application of pesticides, herbicides, fungicides, or fertilizers containing nitrates (use provisions per Section 8-8-4 of this Ordinance) shall include the following: 1. A list of the names and chemical content of each regulated substance used for this purpose. 2. A description of the containment used in transport of the regulated substances to the site of application and the methods of application. 3. A Regulated Substances Management Plan that includes procedures for monitoring, cleanup, and disposal for leaks and spills of regulated substances. 4. Procedures for recording the date, amount, type, and location of regulated substances applied. Such records shall be kept up to date and be available for inspection at reasonable times by the Water Utility. 5. An annual modified Operating Permit covering all application operations of regulated substances by an applicator shall be obtained by the permittee. 28 , ORDINANCE NO. 4367 8-8-11: REGULATED SUBSTANCES MANAGEMENT PLAN: A. A Regulated Substances Management Plan indicating procedures to be followed to prevent, control, collect, and dispose.of any unauthorized release of a regulated substance shall be required as a condition of each Operating Permit. If a Spill Prevention Control and Counter- measure (SPCC) plan has been prepared in accordance with 40 CFR 264 or 265, a Regulated Substances Management Plan is not required as long as all of the regulated substances are included in the SPCC plan and the facility submits a copy to the Utility. B. The Regulated Substances Management Plan shall include: 1. Provisions to address the regulated substances monitoring requirements of Sections 9 and 10 of this Ordinance. 2. Provisions to address the pesticide, herbicide, fungicide, and fertilizer requirements of Section 8-8-4 of this Ordinance. 3. Provisions to train employees in the prevention, identification, reporting, control, disposal, and documentation of any unauthorized release of a regulated substance. 8-8-12: GROUNDWATER MONITORING PLAN: A. If a facility is required to install and monitor groundwater wells pursuant to Section 8-8-6.F.7.a then a Groundwater Monitoring Plan will be required. This plan must indicate procedures to be followed to assess groundwater quality for concentrations of those chemicals identified by the Utility in the Operating Permit. If a groundwater monitoring program is in effect per the requirements of 40 CFR 264 or 265, and this program includes all of the chemicals identified in the Operating Permit, then a separate Groundwater Monitoring Plan is not required by the Utility and the facility shall submit a copy of this program to the Utility. B. The Groundwater Monitoring Plan shall include provisions to address the groundwater monitoring requirements of Section 8-8-6.F.7.a and Section 8-8-13.D of this Ordinance. 8-8-13: UNAUTHORIZED RELEASES: A. General Provisions All unauthorized releases as defined in Section 8-8-2.V. shall be reported to the Utility according to the provisions of this subsection. All unauthorized releases shall be recorded in the owner's inspection and maintenance log. Such an unauthorized release shall be determined to be an "unauthorized release requiring recording" if the release is completely captured by the containment device. If the containment device fails to contain the entire release, the release shall be determined to be an"unauthorized release requiring reporting." B. Unauthorized Releases Requiring Recording 1. Unauthorized releases requiring recording shall be reported to the Utility within 3 days after the release has been detected. 2. The incident report shall be accompanied by a written record including the following information: a. List of type, quantities,and concentration of regulated substances released. 29 ORDINANCE NO. 4367 b. Method of cleanup. c. Method and location of disposal of the released regulated substances. d. Method of future release prevention or repair. If this involves a change in operation, monitoring, or management, the owner must apply for a new Operating Permit. e. Facility operator's name and telephone number. f. The approximate costs for cleanup to be submitted voluntarily. 3. The Utility shall review the information submitted pursuant to the report of an unauthorized release requiring recording, shall review the Operating Permit, and may inspect the facility. The Utility shall find that the containment standards of this ordinance can continue to be achieved, or the Utility shall revoke the permit until appropriate modifications are made to allow compliance with the standards. 30 • • ORDINANCE NO. 4367 C. Unauthorized Releases Requiring Reporting 1. Unauthorized releases requiring reporting shall be reported to the Utility within 24 hours of discovery of the occurrence. 2. The report shall contain the following information that is known at the time of filing the report: a. List of type, quantity, and concentration of regulated substances released. b. The results of all investigations completed at that time to determine the extent of soil or groundwater or surface water contamination because of the release. c. Method of cleanup implemented to date, proposed cleanup actions and approximate cost of actions taken to date. d. Method and location of disposal of the released regulated substance and any contaminated soils,groundwater, or surface water. e. Proposed method of repair or replacement of the containment device. f. Facility owner's name and telephone number. 3. Until cleanup is complete, as defined by the Model Toxics Control Act Cleanup Regulation (Chapter 173-340 WAC), the owner shall submit reports to the Utility every month or at a more frequent interval specified by the Utility. The reports shall include the information requested in this Ordinance. D. Semiannually, the Utility shall review all groundwater monitoring results submitted by owners in an APA to determine if an unauthorized release to groundwater has occurred. Either one of the following occurrences shall constitute an unauthorized release to groundwater: 1. A chemical concentration in an owner's monitoring well(s) that exceeds applicable legally-enforceable federal or state groundwater quality standards. 2. An upward trend in the concentration of a chemical as determined by a statistically based procedure. E. Upon confirmation of an unauthorized release to groundwater, the owner and/or operator shall be responsible for immediately accomplishing the following: 1. Locate and determine the source of the unauthorized release of the regulated substance(s). 2. Stop and prevent any further unauthorized release(s), if under the control of the owner and/or operator. 3. Comply with the requirements for an unauthorized release(s) requiring reporting. 31 ORDINANCE NO. 4367 F. The owner shall not be subject to this mandatory action if the owner can present acceptable technical data that substantiate it is not responsible for the violation. In complying with this subsection, no new regulated substance(s) may be introduced in the place of the regulated substance(s)that caused the violation. G. If an unauthorized release creates or is expected to create an emergency situation with respect to the drinking water supply of the City of Renton, and if the facility owner fails to address the unauthorized release in a timely manner, the Utility or its authorized agents shall have the authority to implement removal or remedial actions. Such actions may include, but not be limited to, the prevention of further groundwater contamination; installation of groundwater monitoring wells; collection and laboratory testing of water, soil , and waste samples; and cleanup and dis- posal of regulated substances. The facility owner shall be responsible for any costs incurred by the Utility or its authorized agents in the conduct of such remedial actions. H. Reporting a release to the Utility does not exempt or preempt any other reporting requirements under federal, state, or local laws. 8-8-14: CLOSURE PERMITS AND PERMIT CONDITIONS: A. No person shall close or cause to be c1 o,ed a facility regulated pursuant to this Ordinance without .first obtaining a Closure Permit from the Utility and a permit from the Renton Fire Department pursuant to the Uniform Fire Code, if required. B. Closure Permits shall be required for all facilities that cease to store, handle, treat, use, or produce regulated substances for a period of more than 365 days or when the owner has no intent within the next year to store, handle, treat, use, or produce regulated substances. During the period of time between cessation of regulated substance storage, handling, treatment, use, or production, and actual completion of facility closure, the applicable containment and monitoring requirements of this Ordinance shall continue to apply. C. Prior to closure, the facility owner shall submit to the Utility a proposal describing how the owner intends to comply with closure requirements. Owners proposing to close a facility shall comply with the following requirements: 1. Regulated substances shall be removed from the facility, including residual liquids, solids, or sludges to levels specified in 173-340 WAC, Model Toxic Control Act Cleanup Regulation. 2. When a containment device is to be disposed of, the owner must document to the Utility that proper disposal has been completed. 3. An owner of a containment device or any part of a containment device that is destined for reuse as scrap material shall identify this reuse to the Utility. D. The owner of a facility being closed shall demonstrate to the satisfaction of the Utility that no detectable unauthorized release has occurred or that unauthorized releases have been cleaned up (pursuant to the Model Toxics Control Act). This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or immediately after closure activities. E. If an unauthorized release is determined to have occurred, the facility owner shall comply with Section 16 of this Ordinance. F. Facility closure will be accepted as complete by the Utility upon implementation of the Closure Permit conditions.and compliance with all other provisions of this Ordinance. 32 ORDINANCE NO. 4367 8-8-15: ENFORCEMENT: A. The Utility shall be the administering agency and shall have the power and authority to administer and enforce the provisions of this Ordinance. The Utility shall have the right to conduct inspections of facilities at all reasonable times to determine compliance with this Ordinance. Noncompliance with the provisions of this Ordinance is a violation. All permitted facilities in an APA will be subject to a minimum of one inspection per year by a Water Utility inspector or designee. By the fifth year following the effective date for permit applications, all permitted facilities in Zone 1 of the Aquifer Protection Area will be subject to monthly inspections by a Water Utility inspector or designee to determine compliance with the provisions of the Ordinance. B. The Utility may revoke any permit issued pursuant to this Ordinance if it finds that the permit holder: 1. Has failed or refused to comply with any one of the provisions of this Ordinance; 2. Has submitted false or inaccurate information in the permit application; 3. Has failed to submit operational reports of other information required by this Ordinance; or 4. Has refused lawful inspection pursuant to this Section. 5. Has had 4 or more releases requiring reporting, or 2 or more incidents that result in detectable contamination of groundwater (as measured in monitoring wells). The owner and/or operator shall be cited by the Water Utility and shall immediately stop the use of and remove from the site any regulated substances present in quantities greater than de minimis. Such facility shall apply for a closure permit as defined in Section 8-8-14 within 4 weeks of citation. Reinstatement of the use of regulated substances in quantities greater than de minimis shall be prohibited on site. 6. Has violated the intent of this ordinance by intentionally dumping, spilling, or otherwise releasing regulated substances within the APA. The owner and/or operator shall be cited by the Water Utility and have their APA operating permit revoked. Such facilities must stop the use of and remove from the site any regulated substances in quantities greater than de minimis, and apply for a APA closure permit within 4 weeks of citation. Reinstatement of the use of regulated substances in quantities greater than de minimis shall be prohibited on site. The decision as to whether there has been an intentional violation under this section shall be made by the Administrator of the Department of Building/Planning/Public Works or his or her designee. • 33 • ORDINANCE NO. 4367 8-8-16: NOTICE OF VIOLATION: Whenever it is determined that there is a violation of this Ordinance,the notice of violation issued shall: A. Be in writing; and B. Be dated and signed by the authorized City of Renton agent making the inspection; and C. Specify the violation or violations; and D. Specify the length of time available to correct the violation after receiving the notice of violation. 8-8-17: INJUNCTIVE RELIEF: If any owner stores, handles, uses, or produces regulated substances without having obtained an Operating or Closure Permit as provided for herein or continues to operate in violation of the provisions of this Ordinance, then the City of Renton may file an action for injunctive relief in the Superior Court of the State of Washington for King County. All costs incurred for abatement by the City of Renton, including reasonable attorneys' fees, shall be paid by the owner operating without an Operating or Closure Permit or operating in violation of the provisions of this Ordinance or the permit. 8-8-18: OTHER LAWS, RULES,AND REGULATIONS: All owners within an APA must also comply with county, state, and federal laws, rules, and regulations related to the intent of this Ordinance. 8-8-19: PENALTIES: A. A violation of any of the provisions of this Ordinance shall constitute a misdemeanor and a nuisance. It shall be a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted. B. Any owner or operator who violates any provisions of this Ordinance shall be subject, upon conviction in court,to a fine not to exceed$500 per day per facility. C. In addition to any fines and penalties set forth above, the owner or operator shall reimburse the City of Renton, for all costs incurred as a result of responding to, containing, cleaning up, or monitoring the cleaning up and disposal of any spilled or leaked regulated substance. D. The names of all facilities and their owners/operators that have violated provisions of this Ordinance will be published in a local newspaper on an annual or more frequent basis. 34 1 1 1 ORDINANCE NO. 4367 8-8-20: ADMINISTRATIVE RULE: The Administrator shall adopt administrative rules for implementation that sets forth criteria relating to interpretation and enforcement of this Ordinance. 8-8-21: MODIFICATIONS,WAIVERS,ALTERNATIVES, TESTS: A. Modifications: Whenever there are practical difficulties involved in carrying out the provisions of this ordinance, the Department Administrator may grant minor modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, and that the minor modification is in conformity with the intent and purpose of this Code, and that such modification: 1. Will meet the objectives of environmental protection, safety, function, and maintainability intended by the Code requirements, based upon sound engineering judgment; and 2. Will not be injurious to other property(s) in the vicinity; B. Waivers: Requirements of this ordinance may be waived upon determination by the Department Administrator that all impacts to the aquifer would be mitigated and protective measures will meet or exceed the requirements of this ordinance. C. Alternates The provisions of this Code are not intended to prevent the use of any material or method of construction or aquifer protection not specifically prescribed by this Code, provided any alternate has been approved and its use authorized by the Department Administrator. The Department Administrator may approve any such alternate, provided s/he finds that the proposed design is satisfactory and complies with the provisions of this Code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in environmental protection, safety, and effectiveness. The Department Administrator shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be written and entered in the files of the Code enforcement agency. D. Tests: Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that any action does not conform to the requirements of this Code, the Department Administrator may require tests as proof of compliance to be made at no expense to this jurisdiction. Test methods shall be as specified this Code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Department Administrator shall determine test procedures. 8-8-22: APPEALS: 35 l' a ORDINANCE NO. 4367 A. Any decision of the City in the administration of this chapter, such as administrative determinations, or modifications, may be appealed to the Hearing Examiner. Appeals may be filed pursuant to the process described in the Code of General Ordinances of City of Renton, Section 4-8-11. The Hearing Examiner shall give substantial weight to any discretionary decision of the City rendered pursuant to this Chapter. Any decision of the Hearing Examiner on variances may be appealed to Superior Court. B. The Hearing Examiner, in determining whether or not to grant a variance, shall consider the following factors: 1. If there is available a feasible and effective measure to protect the aquifer outside of this ordinance. 2. The extent of the problem being resolved by the ordinance. 3. The contribution of the land being regulated to the problem. 4. The degree to which the aquifer protection ordinance solves the problem presented by the proposal. 5. The amount and percentage of value lost by application of the ordinance. 6. The quality of the aquifer to be impacted. 7. The extent of remaining uses for the parcel. 8. The past, present and future uses of the property. 9. The extent to which the landowner could predict the effects of this ordinance on the property. 8-8-23: AQUIFER PROTECTION VARIANCE PROCEDURES: If an applicant feels that the strict application of this Chapter would deny all reasonable use of the property or would deny installation of public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public health, safety and welfare, the applicant of a development proposal may apply for a Variance. An application for a Variance shall be filed with the Department Administrator. Requirements for a Variance include an environmental review pursuant to (SEPA) Washington Administrative code 197-11-300 (SEPA). A Variance shall be decided by the Hearing Examiner based on the following standards set forth in this Section: A. The Hearing Examiner, in granting approval of a variance,must determine: 1. that the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to the subject property, including the size, shape topography, location or surroundings of the subject property, and the strict application of the code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and other identical zone classification; and 2. that the granting of the variance will not be materially detrimental to the public welfare or injurious to the water supply aquifer;and a. that no economically viable alternative with less impact on the aquifer is physically and/or legally possible; and 36 ORDINANCE NO. 4367 b. that there is no feasible on-site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to the aquifer; and c. that the proposed activities will not cause significant degradation of groundwater or surface-water quality; and d. that the applicant has taken deliberate measures to minimize aquifer impacts, including but not limited to the following: • limiting the degree or magnitude of the regulated substance and activity; and • limiting the implementation of the regulated substance and activity; and • using appropriate and best available technology; and • taking affirmative steps to avoid or reduce impacts. e. that there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and f. that the inability to derive reasonable economic use of the property is not the result of actions by the applicant in creating an uneconomic business condition and use of the property after the effective date of this chapter. 3. that if government and quasi-governmental agencies are granted a variance under this section,they will meet the following additional conditions: a. competing public policies have been evaluated and it has been determined by the Department Administration that the public's health, safety, and welfare is best served; b. each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies; c. each facility must serve established, identified public needs; and d. no practical alternative exists to meet the needs. 4. that the approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose. 5. , that in determining whether or not to grant a variance, the following factors have been considered: a. if there is an available, feasible, and effective measure to protect the aquifer outside of this ordinance; b. the extent of the problem being resolved by the ordinance; c. the amount and percentage of value lost by application of the ordinance; 37 � � l • ORDINANCE NO. 4367 d. the extent of remaining uses for the parcel; e. the past, present, and future uses of the property; and f. the extent to which the landowner could predict the effects of this ordinance on the property. B. The Hearing Examiner may prescribe any conditions upon the variance deemed to be reasonably necessary and required to mitigate aquifer impacts. Any variance granted by the Hearing Examiner, unless otherwise specified in writing, shall become null and void in the event that the applicant or owner of the subject property for which a variance has been requested has failed to commence construction or otherwise implement effectively the variance granted within a period of two (2) years after such a variance has been issued. For proper cause shown, an applicant may petition the Hearing Examiner during the variance procedure, for an extension of the two (2) year period, specifying the reasons therefor. The time may be extended but not exceed one additional year in any event. Any variance granted by the Hearing Examiner shall expire pursuant to the provisions of Chapter 8, Title IV of the RMC. 8-8-24: EFFECTIVE DATE: The effective date of this ordinance shall be 30 days after its enactment • 8-8-25: SEVERABILITY: If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. SECTION XI. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. • 38 4 , " I ORDINANCE NO. 4367 PASSED BY THE CITY COUNCIL this 14th day of September , 1992. )7/ 69 Marilyn J. IPeter••n, City Clerk APPROVED BY THE MAYOR this 14thday of Se•;mber , 1992. ..r1- 7 lymer, M,:or Approved a form: 4211111-19 Lawrence J. Warren, Cit Attorney • Date of Publication:September 18, 1992 ORD.227:3/5/92:as. 39 I. v 1 � ORDINANCE NO. 4367 FOR INFORMATIONAL USE ONLY • EXHIBIT 1 Generic Regulated Substances List Where regulated substances are dissolved in or mixed with other non-regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this ordinance. Acid and basic cleaning solutions Antifreeze and coolants Arsenic and arsenic compounds Battery acid Bleaches, peroxides Brake and transmission fluids Brine solution Casting and foundry chemicals Caulking agents and sealants Cleaning solvents Cooling water(not isolated from process chemicals) Corrosion and rust prevention solutions Cutting fluids Degreasing solvents Deicing materials Disinfectants Dyes Electroplating solutions Engraving solutions Etching solutions Explosives Fertilizers Fire extinguishing chemicals Food processing wastes Formaldehyde • Fuels and additives Glues, adhesives,and resins Greases Hydraulic fluid Indicators Industrial and commercial janitorial supplies Industrial sludges and stillbottoms Inks, printing, and photocopying chemicals 40 J. a ORDINANCE NO. 4367 Laboratory chemicals Liquid storage batteries Medical, pharmaceutical, dental,_veterinary, and hospital solutions Metal dusts Mercury and mercury compounds Metals finishing solutions Oils Paints, pigments, primers,thinners, dyes, stains,wood preservatives, varnishing,and cleaning compounds Painting solvents PCBs Pesticides and herbicides Plastic resins, plasticizers, and catalysts Photo development chemicals Poisons Polishes Pool chemicals Processed dust and particulates Radioactive sources Reagents and standards Refrigerants Roofing chemicals and sealers Sanitizers, disinfectants, bactericides, and algaecides Soaps, detergents, and surfactants Solders and fluxes Stripping compounds Tanning industry chemicals Transformer and capacitor oils/fluids Water and wastewater treatment chemicals Wastewater treatment sludges 41 f v _ EXHIBIT 2 '( '- L s i r Cn %LAKE BOREN �• ________--____ i tT OF R : TON ____= PROTECTI IN AREAS =ro _ CTee� �� Q =__ =1 _ IIs 13 -ZW_!. . gfrifiii,iNfONfi.-----liTiikg..„,,., ,,........ 1.- :k - • APA• A = ••••••••••,•,••••••:•••:„..:•: =__-___ _- milig:1:ini:ill: _ = _ •:••:•:•:.:•:• ••::....:•••:.:.•••:•• „ilni„• :•.:1::q4:1::.::;:.:15:.1:i:1:!8.:11:i*:1:!:a-,i-:-:1,RIA.:I:1: : ::::.:. ............................ ______:____________________::::,_____ •:-.."-??:;:,::-4.:In!:1:::!:.,rj.--1.:-:.;-"Z ::i:i:i:::M:;:i:1::I:i:i:i-.I.i:ff: : :e ,: ......................... IE -- I. Eli r -- r = Jr < iiiiiiiiiiillor___ 1 ...........,...,. h ... .. ....... . ... .. ....................... „:: :, ,.„.„..,.,.„„:„......,....,„ . ....... .........•••• .....,. ..............„ ., ill, I Am. ; AI; 1.11111.11111.11111111111111 1111:1111.0 III CEMETERY RD' . << _f a'E1.01JI:i:i.:!:::::::;:iIiagging'rig::I.:.::14FITIgiilliVM:11:1::' _ 4f <> Cf r > s> dd =F> o.s i• ::; .vfFr• Ec Y• < 1 ' ir =F•r.f zZ0NE .1::11:4 ilIHRITITRIT114:1:41:-.1111:4141 F > ti<fr e%gfiti >•' ,4:4lie t: >sf E. f< F f S. i ........ APA ZONE ',?7g......!:::iTT.-.\ -.:::::::::.. •-.... -.:::.:-..:.::.•.:.::•::.:.:..--...-:.::::::::.::........... ....-.....i:.i::. \_ j -'--:--"':'::--....: : :.-:':::: N..._.XS EMS - 1 41. _*1"111N P/ /Pw Techni al Services 0 0 0 0 L 0 27 January 19:•• _ 6000 }bert T. Mac • . e. Jr. ::.: :...:.:...:...- ct4 L. 1 1 : C 6,000 ---- ., - • EXHIBIT 2 • t • iNNMN61TLt0.6NQiQ6�lWL�YOYTF F_s_it:.._ __ E iiI . W1.1 LN>JJ�?ljLJlY _-_ �G r�x_=_r _ = -----_- - = =__ - AQUIFER PROTECTION _ =`:i` 2 . t �1 kSSAQUAH -an_: {_=__ MERCER ISLAND - AREA ZONES -) . -----------------.,'k:::f4:AK%.,K;,;., I --:Ef i gg':Elfg. IlL '' • • liJ=s•\\_J?11J►J>11JXi_Sl�. •• --- I.__ __-� �f ______=`::_=== c Ati.s•�: �� H."%i:....-.1-..1.;:-..:.:17..E.E;:-.-...:.:it..:1.1. 3APA Zone 1 su s_ Yom`-ism :• - '- \ 'j 1111 ��`� qi _1 - -_=__:! ESEIE — APA Zone 2 ��voi , 4,� tars» ____: s -.� -„ ,„-_N ._ :.,• —�- Streams „.M 3:1 alit x - k ..1(..-;-.---- IP Ner,.....a... 41 ------,,-.-- Rivers . .. - iii4:1-,,, irl\m\I t IWIL - . limar- Highways ^'.`'L • ik Liit!„."4",.......:..........:;:.:�,ig! IliMala Roads (�. . (.010,40_,:v..::5,:„.:::.:.11111 Munici al Boundaries / � PO .o P dart G: 6 -.44i\ SEI✓ v o%>�•'ev• er::y . 1 -� �.1 .o.. LAKE CATBLiix \ • •,, DOIE «��_�;:?:s:>:;: Sphere of Influence Bonn A�`ice _ CHIEM17111 skti.--i:;*1--i:il..'Is 0 , 1.1111Pligini'fi APA ZOIE .'1'`':c €:€::€.. - 1, 8,40)1% � .• `' - \\ QLlai YACDONALD_ .....EvALLEyRo f .. i .V vit, . 1 i '1I ' pawn! ... .. ,. ° Llan'DESIRE ..,,., + + . It kl � � spruxc Ll� <, „O., • L4 , t . . ,., • ell . Z • p % 0 6000 12000 N , . o _ s _ _____- SBADY Llai • K m KENT >` _ ' _____ _ v. ANTHER LUQ' 1 :72000 111\4 .., iiiii „:_::;.,:::::,..:,,,:,..,:::::„:„ _________________ .... ______________._ . . . k .. `-..„,Lux YOUNGS -. B/ Tal __........_ __........_ 2P/8 January PF 1992 - __ Robert Z: ]ro Datechnica Jr. Services Source: KIM Engineers 1/21/92 L , • ORDINANCE NO. 4367 EXHIBIT 3 LEGAL DESCRIPTION OF ZONE 1 WELL FIELD AQUIFER PROTECTION AREA (APA) IN THE CITY OF RENTON (KING COUNTY),WA Descriptions are based on information from the King County assessor maps. The APA Zone 1 boundary line is within the Zone 2 APA boundary and matches a portion of the westerly Zone 2 boundary line from Point 37 through Point 49 (see legal description of Zone 2 APA boundary). The description of the Zone 1 boundary line starting at Point No. 37 at the northerly side of the Zone 1 area, and ending at Point 49 at the southerly side of the Zone 1 area is as follows: Beginning at the intersection of the north section line of Section 17, Township 23 North, Range 5 East, of the W.M. and the centerline of Garden Avenue N., 37 Thence easterly along said section line approximately 1,350 feet to the intersection with the centerline of N. 3rd Place, 100 Thence southeasterly along the said road centerline approximaely 730 feet to the intersection with the centerline of N.E. 3rd Street, 101 Thence east-southeasterly along said road centerline approximately 1,100 feet to the intersection with the centerline of Monterey Drive N.E., 102 Thence southerly and thence easterly along said road centerline approximately 1,400 feet to the intersection with the east 1/4, 1/4 section line of the southwest 1/4 of the northeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M. 103 Thence southerly along said 1/4, 1/4 section line approximately 380 feet to the intersection of the north 1/4 section line of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 104 Thence easterly along said 1/4 section line approximately 1,320 feet to the northeast corner of the southeast 1/4 section of Section 17, Township 23 North, Range 5 East, of the W.M., 105 Thence easterly along the north 1/4 section line of the southwest 1/4 of Section 16, Township 23 North, Range 5 East, of the W.M. Approximately 1,990 feet to the centerline of the northeast 1/4 of the southwest 1/4 of the said section, 106 Thence southerly along said centerline and the prolongation of said line approximately 2,200 feet to the intersection with the centerline of the Burlington Northern Railroad right-of-way, 107 Thence westerly along said railroad centerline approximately 3,480 feet to the intersection with the east 1/4, 1/4 section line of the southwest 1/4 of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 108 Thence southerly along said 1/4, 1/4 section line approximately 1,070 feet to the intersection with the south section line of Section 17,Township 23 North, Range 5 East, of the W.M., 109 42 - u ORDINANCE NO. , 4367 EXHIBIT 3 Thence westerly along said section line approximately 1,330 feet to the intersection with the west 1/4 section line of the southeast 1/4 of Section 17,Township 23 North, Range 5 East, of the W.M., 110 Thence northerly along said 1/4 section line approximately 1,320 feet to the intersection with the established line N. LN. H.H. Tobin D.C. #37, 111 r • Thence westerly along said established line approximately 594 feet to an established angle point, 112 Thence northerly along said established line approximately 1,000 feet to the intersection with the centerline of the Burlington Northern Railroad right-of-way, 113 Thence westerly along said railroad right-of-way approximately 450 feet to the intersection with the centerline of the Prim. State Hwy. No. 1 right-of-way, 114 Thence southwesterly along said right-of-way centerline to the intersection with the centerline of S. 4th Street. 49 For continuation of the Zone 1 APA boundary from Points 49 through 37 see the legal description between said points for the Zone 2 APA boundary. 43 y u- a • ORDINANCE NO. 4367 EXHIBIT 3 LEGAL DESCRIPTION OF ZONE 2 WELL FIELD AQUIFER PROTECTION AREA (APA) IN THE CITY OF RENTON (KING COUNTY),WA Descriptions are based on information from the King County Assessor maps. The APA boundary line joins the City of Renton existing corporate limits line at the northerly and southerly sides of the APA Zone 2 area. The easterly APA boundary line is the existing City of Renton corporate limits line. The westerly APA boundary line is described as follows: Beginning at the northeast corner of the southeast 1/4 of Section 32,Township 24 North, Range 5 East, of the W.M.,which is at the intersection of S.E. 88th Street and 116th Avenue S.E. point of beginning Thence westerly along the north 1/4 section line approximately 1180 feet to the intersection with the current City of Renton Corporate Limits Line, 1 (Start of Zone 2 Legal description boundary) Thence westerly along said 1/4 section line approximately 1440 feet to the northwest corner of the southeast 1/4 of Section 32, Township 24 North,Range 5 East, of the W.M., 2 Thence southerly along centerline of said section approximately 670 feet to the intersection with the easterly prolongation of the centerline of S.E. 90th Street, 3 Thence westerly along said prolongation line approximately 600 feet to the intersection of S.E. 90th Street and 106th Avenue S.E., 4 Thence southerly approximately 660 feet to the intersection of 106th Avenue S.E. and S.E. 92nd Street, 5 Thence westerly approximately 680 feet to the intersection of S.E. 92nd Street and 104th Avenue S.E., 6 Thence southerly approximately 650 feet to the intersection of 104th Avenue S.E. and S.E. 94th Street, 7 Thence westerly approximately 1290 feet to the intersection of S.E. 94th Street and 100th Avenue S.E., 8 Thence southerly approximately 690 feet to the intersection of 100th Avenue S.E. and S.E. 96th Street, which is the Northwest corner of Section 5,Township 23 North, Range 5 East, of the W.M., 9 Thence southerly along the west line of said section approximately 410 feet to the intersection with a survey traverse line within the Northern Pacific Railroad Right-of-Way, 10 Thence S 45-20-57 E., 896.84 feet along said traverse line to an angle point, 10A • Thence S 18-37-12E, 3331.10 feet along same said traverse line to an angle point, 10B 44 i °J • / ORDINANCE NO. 4367 EXHIBIT 3 Thence S 6-07-12 W, 768.72 feet along said traverse line where it intersects with the south 1/4 section line of the Southwest 1/4 section of Section 5, Township 23 North, Range 5 East of the W.M., 11 Thence easterly approximately 894 feet to the southeast corner of said 1/4 section, which is also.the intersection of 108th Avenue S.E. and N.E. 12th Street, 12 Thence easterly approximately 1320 feet to the intersection of N.E. 12th Street and 112th Avenue S.E. (Aberdeen Avenue N.E.), 13 Thence southerly along Aberdeen Avenue N.E. approximately 610 feet to the centerline of N.E. Park Drive, 14 Thence easterly along N.E. Park Drive approximately 1540 feet to the intersection of Edmonds Avenue N.E., 14a Thence southeasterly along N.E. Park Drive, approximately 610 feet to the intersection of the east-west 1/4 section centerline of the Northwest 1/4 section of Section 9, Township 23 North, Range 5 East, of the W.M., 15 Thence easterly along said 1/4 section centerline approximately 2190 feet to the intersection of the North- South centerline of Section 9, Township 23 North, Range 5 East of the W.M. (Monroe Avenue N.E.), 16 Thence southerly along said section centerline (Monroe Avenue N.E.) approximately 330 feet to the intersection of Monroe Avenue N.E. and N.E. 10th Street, 17 Thence easterly along N.E. 10th Street approximately 660 feet to the intersection of N.E. 10th Street and Olympia Avenue N.E., 18 Thence southerly along said road centerline approximately 250 feet to the intersection with the centerline of N.E. 9th Street, 19 Thence easterly along said road centerline approximately 260 feet to the intersection with the centerline of Pierce Avenue N.E., 20 Thence southerly along said road centerline approximately 620 feet to the intersection with the centerline of N.E. 8th Street, 21 Thence easterly along said road centerline approximately 400 feet to the intersection with the centerline of Queen Avenue N.E., 22 Thence southerly along said road centerline approximately 470 feet to the intersection with the centerline of N.E. 7th Street, 23 Thence easterly along said road centerline approximately 160 feet to the intersection with the centerline of Redmond Avenue N.E., 24 Thence southeasterly and then southerly along said road centerline approximately 740 feet to the intersection with the centerline of N.E. 6th Place, 25 45 4 IS + ORDINANCE NO. 4367 EXHIBIT 3 Thence westerly along said road centerline approximately 260 feet to the intersection with the centerline of Queen Avenue N.E., 26 Thence southerly along said road centerline approximately 260 feet to the intersection with the centerline of N.E. 6th Street, 27 Thence westerly along said road centerline approximately 1,320 feet to the intersection with the centerline of Monroe Avenue N.E., 28 Thence southerly along said road centerline approximately 500 feet to the intersection with the centerline of N.E. 5th St., 29 Thence westerly along said road centerline approximately 320 feet to the intersection with the centerline of"L" Street. 30 Thence southerly and then westerly along said road centerline approximately 1,000 feet to the intersection with the centerline of Jefferson Avenue N.E., 31 Thence southerly along said road centerline approximately 260 feet to the intersection with the centerline of N.E. 4th Street and the south section line of Section 9, Township 23 North, Range 5 East, of the W.M., 32 Thence westerly along said section line approximately 1,660 feet to the intersection with the centerline of Edmonds Avenue N.E. and the southwest corner of Section 9, Township 23 North, Range 5 East, of the W.M., 33 Thence westerly along the south section line of Section 8, Township 23 North, Range 5 East, of the W.M. approximately 700 feet to the intersection with the easterly right-of-way line of the Puget Sound Power& Light Co. transmission line right-of-way, 34 Thence northwesterly along said right-of-way line approximately 1450 feet to the intersection with the north line of the south 30 feet of the north half of the southeast quarter of Section 8, Township 23 North, Range 5 East,W.M., 35 Thence westerly, along said north line, approximately 900.00 feet; 35A Thence southerly at right angles to the previous mentioned course, approximately 496 feet to the intersection with the southwesterly margin of the Burlington Northern Spur Line; 36 Thence southwesterly approximately 1347 feet to the intersection of the centerline of N. 4th Street with the centerline of vacated Meadow Street; 37 Thence westerly along the centerline of said N. 4th Street approximately 282 feet to the intersection with the centerline of Garden Avenue N.; 37A Thence westerly along said road centerline approximately 730 feet to the intersection with the centerline of Pelly Avenue N., 38 • Thence southerly along said road centerline approximately 670 feet,to the intersection with the centerline of N. 3rd Street, 39 Thence westerly along said road centerline approximately 270 feet to the intersection with the centerline of Wells Avenue N., 40 46 A b ORDINANCE NO. 4367 �. Thence northwesterly along N. 3rd Street centerline approximately 370 feet to the intersection with the centerline of Williams Avenue N., 41 Thence southerly along said road centerline approximately 620 feet to the intersection with the centerline of N. 1st Street, 42 • Thence northwesterly along said road centerline approximately 20 feet to the intersection with the centerline of Williams Avenue N., 43 Thence southwesterly along said road centerline approximately 470 feet to the intersection with the southwesterly right-of-way line of the Cedar River waterway, 44 Thence southerly along Williams Ave. approximately 1040 ft. to the intersection with the centerline of S. 2nd Street, 45 Thence southerly along Williams Ave. approximately 560 feet to the intersection with the centerline of S. 3rd Street, 46 Thence easterly along said road centerline approximately 600 feet to the intersection with the centerline of Main Avenue S., 47 Thence southerly along said road centerline approximately 560 feet to the intersection with the centerline of S. 4th Street, 48 Thence easterly along said road centerline approximately 190 feet to the intersection with the centerline of the Prim. State Hwy.No. 1 right-of-way, 49 Thence easterly along S. 4th Street centerline approximately 480 feet to the intersection of the centerline of the Cedar River pipe line right-of-way, 50 Thence southeasterly along said right-of-way approximately 1950 feet to the intersection with the south section line of Section 17, Township 23 North, Range 5 East, of the W.M., 51 • • 47 4 r' ORDINANCE NO. 4367 Thence southeasterly along said right-of-way approximately 3,900 feet to the intersection with the east section line of Section 20,Township 23 North, Range 5 East, of the W.M., 52 Thence southerly along said section line approximately 2,370 feet to the southeast corner of Section 20, Township 23 North, Range 5 East, of the W.M., 53 Thence westerly along the south section line of said section approximately 720 feet to the intersection with the centerline of 114th Avenue S.E. and the end of the westerly APA boundary. 54 48 ,i v ORDINANCE NO. 4367 EXHIBIT 4 • PIPELINE MATERIAL REQUIREMENTS PIPE DIAMETER CONSIDERATIONS . PIPE MATERIAL <4 4-8 10-12 14-20 24-30 36-54 SUGGESTED MATERIAL SPEC (See attached table) Ductile Iron,Rubber Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151,C104 abed n o p r ' Polyethylene-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151 a b c d n o p r Ductile Iron,Nitrile Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151,C104 be d i n o p r Polyethylene-Lined 1,2,3 1,2,3 1,2,3 1,2,3 1,2,3 AWWA C151 b c d e i n o p r UvC,Rubber Gasket Joints Blue Brute Cl 150 or 200 1,2 1,2 AWWA C900 - a b j 1 n o p r t PVC,Nitrile Gasket Joints Blue Brute CI 150 or 200 1,2,3 1,2,3 AWWA C900 b i j l n o p r t PVC,Solvent Welded Joints Sch 80 2,3 1,2,3 1,2,3 ASTM D1784,D1785 h j k l n o p r t Welded Steel,Rubber Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C205 a b f g h n o p r Dielectric-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C210 a b f g h n o p r Welded Steel,Welded Joints Cement Mortar-Lined 1,2 1,2 AWWA C200,C205 f g h n o p r Dielectric-Lined 1,2,3 1,2,3 AWWA C200,C210 f g h n o p r High Density Polyethylene Pipe 1 1 1 1 1 ASTM D1248 and D3350 h k p q u Corrugated High Density Polyethylene 1 1 1 1 1 ASTM D1248 and AASHTO k p q s u Pipe-Smooth Interior Insituform Liner 4,5 4,5 4,5 4,5 4,5 ASTM D638 m n o p q r II PIPELINE SERVICE Storm Sewer z. Sanitary Sewer and Side Sewer 3. Leachate Pipeline 4. Rehab Existing Storm Sewer 5. Rehab Existing Sanitary Sewer 49 % M' • EXHIBIT 4 CONSIDERATIONS ON SELECTION OF PIPE MATERIALS Other materials meeting similar performance standards or developed as the result of new technology may be approved by the Utility. a. Rubber gaskets may be severely damaged by petroleum products, particularly in prolonged exposures to concentrated flows containing little or no storm water or sanitary sewage. In cases where heavy concentrations of petroleum products may be experienced, nitrile(Nitrile-Butadiene; ie,NBR)gaskets should be used. b. Gasketed joints may not be leak-proof at zero or low pressures,if improperly installed. c. Mechanical joints may be less likely to leak at low pressures than push-on joints. d. May need protective coatings and/or cathodic protection against external corrosion. e. Considered most reliable gasket and lining material for ductile iron leachate pipeline. f. Very difficult to repair linings on inside of joints in pipe smaller than 24-inch diameter. g. Almost always needs protective coatings and cathodic protection against external corrosion. h. Properly made joints are considered leak-proof. i. Nitrile gaskets may require long delivery time. j. Requires special attention to bedding and backfill depth to avoid structural failure of pipe. k. Large thermal expansion coefficient. May need to limit solvent welded joints to 4-inch and smaller pipe. May require careful evaluation of pipe installation temperature and temperature of piped liquids to ensure joint integrity. 1. Pipe not available over 12-inch diameter. m. Insituform lining is available in 6-inch through 60-inch diameter for almost any pressure, if sufficient pipe cross- sectional area is available. n. Pressure grouts and gels are not acceptable for rehabilitation or patching of storm and sanitary sewers. o. Suitability of pipe lining-and gasket material to resist chemical attack by conveyed fluids must be determined for each pipeline service considered. P. All storm and sanitary sewer manholes, catch basins, and inlets should be equipped with precast concrete bottom and sidewalls with rubber gasketed joints between sections, water-tight epoxy grout pipe entrances through walls. and bitumastic coating of all interior floor and wall surfaces. Manholes, catch basins, and inlets should have no leakage when hydrostatically tested at atmospheric pressure. q. Has good resistance to a number of chemicals,petroleum products,and hydrogen sulfide corrosion. 50 •w f f EXHIBIT 4 CONSIDERATIONS ON SELECTION OF PIPE MATERIALS (cont.) r. "Zero leakage" test requirement may be impossible to achieve under the best conditions for any pipe materials because trapped air may distort test results, even in a drop-tight pipe. Pressure and leakage test requirements should consider whether the pipe has steel slope or will stand full of liquid. Pipelines shouldibe tested with the intent to prevent or minimize leakage. Air testing should not be allowed; hydrostatic testing should be as stringent as any found in the industry. Pipe materials, without regard for chemical attack, corrosion, or puncture, are generally ranked as follows, in decreasing order of liquid-tight reliability: • welded steel with welded joints • PVC with solvent welded joints • Insituform liner • ductile iron with viton or rubber gaskets • welded steel with rubber gasketed joints • PVC with viton or rubber gasketed joints s. Joints should consist of"heat-shrink"wrap, standard corrugated coupling,and full pipe band clamps. t. The use of PVC may be restricted by other Utility policy in regards to depth of pipe cover. u. HDPE may be adversely affected by solvents;its use is not recommended where contact with solvents may occur. H:Aquifer/AP0803/bh 51 RENTON CITY COUNCIL Regular Meeting September 21, 1992 Municipal Building Monday, 7:30 p.m. Council Chambers MINUTES CALL TO ORDER Mayor Earl Clymer led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF KATHY KEOLKER-WHEELER, Council President; JESSE TANNER; COUNCILMEMBERS TONI NELSON; TIM SCHLITZER; BOB EDWARDS; RICHARD STREDICKE. MOVED BY STREDICKE, SECONDED BY KEOLKER- WHEELER, COUNCIL EXCUSE ABSENT COUNCILMEMBER NANCY MATHEWS. CARRIED. CITY STAFF IN EARL CLYMER, Mayor; JAY COVINGTON, Executive Assistant to the ATTENDANCE Mayor; ZANETTA FONTES, Assistant City Attorney; MARILYN PETERSEN, City Clerk; MIKE BENOIT, Engineering Specialist; LENORA BLAUMAN, Senior Planner; DON ERICKSON, Principal Planner; GREG ZIMMERMAN, Utility Systems Manager; RON STRAKA, Civil Engineer; DAVE JENNINGS, Civil Engineer; CAPTAIN GARRY ANDF'.:SON, Police Department. PRESS Dean Radford, Valley Daily News. APPROVAL OF MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL MINUTES COUNCIL APPROVE THE MINUTES OF SEPTEMBER 14, 1992, AS PRESENTED. CARRIED. AUDIENCE COMMENT David Halinen, representing Stoneway Concrete, 1915 Maple Valley Citizen Comment: Highway, Renton, 98055, submitted a letter from Thomas A. Tobin, Halinen - A uifer Project Engineer, GeoEngineers, Inc., 8410 154th Avenue NE, Redmond, Protection Ordinance 98052, evaluating the effect that development of high-rise structures requiring deep foundations would have on the aquifer. Mr. Tobin stated that deep foundations of driven precast concrete piles, cast in place concrete piles, and driven steel piles should not be considered detrimental to the aquifer. However, treated timber piles are potentially detrimental to the aquifer and should not be used. Mr. Halinen requested that the Council consider Mr. Tobin's evaluation when reviewing proposals for the Stoneway site on Maple Valley Highway. MOVED BY STREDICKE, SECONDED BY TANNER, COUNCIL REFER THIS CORRESPONDENCE TO THE PLANNING AND TECHNICAL SERVICES DIVISION. CARRIED. Councilman Tanner commended Stoneway Concrete's timely efforts in obtaining this information, and noted that proposed densities for downtown Renton will require high-rise development. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council President Keolker-Wheeler added consent agenda Item 5.i, Cedar River Delta Project soils and geotechnical services (Task Order #5, CAG-082-90) (See Page 427.) Appointment Mayor Clymer recommended appointment of Mary Redd, 3202 SE 5th Planning Commission Street, Renton, 98055, to the Planning Commission to fill the position vacated by Joan Walker, for a three-year term from 7/1/92 through 6/30/95. Refer to Community Services Committee. 1 - Pi o N 1 c = s Submitted into record 9/21/92 F' - e; : Council Meet - by Rob Hines, representing Stoneway Con to Co. Referred to Planning Division. Geo ::1:. Engineers • September 21, 1992 Geotechnical, • Geoenyironxnental and Geologic Services Halinen & Vander Wel, P.S. 800 Bellevue Way Northeast,'Suite 376 Bellevue, Washington 98004 Attention: Mr. David L. Halinen • • Aquifer Protection Considerations Stoneway Concrete Company Renton,'Washington Pile No. 2449-002-R02 At your request, GeoEngineers reviewed the City of Renton Aquifer Protection Ordinance (APO) to evaluate its implications relative to the Stoneway Concrete Company property in Renton, The property is currently an operating concrete batch plant and is located within Zone 1 of the Aquifer Protection Area and immediately upgradient of the municipal well field for the city of Renton. We understand that long range plans for the property include possible development of the site with structures of various heights, possibly including a 27 story hotel. It is likely that deep foundations for such high-rise structures will penetrate the City of Renton aquifer. Concern has been express by city of Renton staff regarding the possibility that such deep foundations could contaminate the aquifer, or provide a conduit for migration of contaminants into the aquifer. We wish to offer the following comments regarding such concerns: 1. Deep foundations usually consist of one of the following materials: concrete, steel or timber. Concrete and steel are generally considered to be non-toxic and not detrimental to drinking water. These materials are commonly used for water well construction. Timber piles are usually treated with creosote, which is considered to be toxic and an occupational carcinogen. 2. It is our opinion that foundation piles made of either concrete or steel would not be detrimental to the aquifer. 3, It is our opinion that treated timber piles are potentially detrimental to the aquifer and should not be used. 4. Concrete piles can tie precast and driven into the ground, or can be cast into drilled shafts, • Driven concrete piles considerably displace, density and remold the surrounding soils • during the pile installation. In our opinion, the densified and remolded soil will have a lower permeability than the adjacent undisturbed soil. Where cast into a drilled shaft, wet concrete will exert considerable lateral pressure and will form an intimate bond with the GeoEnglneers,Inc. 8110 154th Avenue N,1?. Redmond,WA 98052 Telephone(206)861-6000 Fax(206)861-6050 ,' •'r:_ - L --- _ I•11_i I--d 1 =5 - 5. ._. F' _ 3 Halinen &Vander September 21, 1992 Page 2 surrounding soil strata. In our opinion, this interface will also have a lower permeability than the adjacent undisturbed soil. On this basis, it is our opinion that concrete piles will not provide a conduit for migration of contaminants into the aquifer. 5. Steel piles are driven into the ground and are generally considered to be non-displacement piles, Because only minor displacement occurs during installation of steel piles, little densification or remolding of the soil occurs. Therefore, it is our opinion that the sail permeability at the pile soil interface will be comparable to the adjacent undisturbed soil. 6. The city of Renton aquifer consists of silty sands and gravels, considered to have moderate to high permeability. The aquifer is unconfined; therefore,there is a direct hydraulic link between the aquifer and the ground surface. 7. The permeability at the interface of a pile with the surrounding soil is difficult to quantify. In this situation, it is our opinion that the interface permeability is likely to be less than, or equal to, the permeability of the surrounding moderately to highly permeable soils. If the aquifer was confined by a relatively impermeable strata, the question of interface permeability would become much more of a critical issue. This is not the case for the city of Renton aquifer. In summary, it is our opinion that driven precast concrete piles, cast in place concrete piles (also known as drilled piers or augercast piles) and driven steel piles should not be considered detrimental to the aquifer used by the city of Renton. It is our opinion that treated timber piles are potentially detrimental to the aquifer, and should not be used. - We trust that this provides the information needed at this time. If you have any questions, please call. Yours very truly, GeoEngineers, Inc. ---r-kelm-eta Thomas A. Tobin, P.E. Geotechnical Engineer Jon W. Koloski Principal TAT!JW)S: Documont ID: 2449002.11 CO; Stoneway Concrete 1915 Maple Valley Highway Renton, Washington 98055 Attention; Mr. Don Merlin GeoEngineera File No.2449-002-R02 CIla 114c,/-• Renton City Council Minutes Page 430 REPORT AS PRESENTED, AND APPROVE THE RESOLUTION AS READ. CARRIED. (See Page 432 for Resolution #2922.) Utilities Committee Referred 9/14/92 - Utilities Committee Chairman Tanner presented a Utility: Aquifer report recommending concurrence with the Planning/Building/Public Protection Works Department's recommendation that the implementation ordinance mphmentation for the Aquifer Protection Ordinance be approved, and that this Ordinance ordinance be scheduled for first reading. The Committee further recommends that the Council authorize the water utility to hire staff to implement the Aquifer Protection Ordinance to include one full-time Civil Engineer II and one half-time Administrative Clerk II. MOVED BY TANNER, SECONDED BY EDWARDS, COUNCIL ADOPT THE COMMITTEE REPORT AS PRESENTED AND I REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/28/92. CARRIED. (See Page 432 for first reading of the ordinance.) Referred 8/24/92 - Referred 8/24/92 - Utilities Committee Chairman Tanner presented a Latecomer Agreement: report stating that the Committee concurs with the recommendation of the Storybook Homes, Planning/Building/Public Works Department and recommends Council Lind Ave NW at NW approve the water latecomer agreement recommended method of 3rd St. (Campbell), assessment (by front foot) and preliminary assessment roll. The LA-003-91 Committee recommends preliminary approval be granted for a period of one (1) year. Per City of Renton Ordinance #4189, the Committee recommends that Council set the duration of the agreement to be ten (10) years with the option to extend the agreement, for one time only, for a period of up to an additional five (5) years. The Committee recommends that Council authorize the City Clerk to notify the property owners listed on the preliminary assessment roll by • registered mail of their rights and options to participate in the latecomer agreement. The Committee further recommends that the City Clerk notify the property owners that only new development or re-development of abutting properties requiring additional fire flow and additional or larger water meters will trigger latecomer reimbursement to the developer; and that all existing water services and meters abutting the route of the new watermain in Lind Avenue NW, will be disconnected from the old main (which will be abandoned) and connected to the new main. Property owners should be informed that this conversion will not require payment of the latecomer fees. The Committee further recommends that if no protests are received, Council authorize the Planning/Building/Public Works Department to prepare the final assessment roll and the latecomer agreement for execution by the developer and City officials. Upon payment of the $1,000.00 processing fee by the developer, the City Clerk is authorized to record the final agreement with King County. MOVED BY TANNER, SECONDED BY EDWARDS, COUNCIL ADOPT THE COMMITTEE REPORT AS PRESENTED. CARRIED. "August 10. 1992 Renton City Council Minutes Pane 432 COUNCIL ADOPT THE COMMITTEE REPORT AS PRESENTED. CARRIED. SCATBD: Local Referred 8/24/92 - Transportation (Aviation) Committee Chairman Jurisdictions Declare Stredicke presented a report recommending Council adopt the resolution. Intent to Join Board declaring the intention of the City of Renton to join with King County and other cities to form the South County Area Transportation Board to manage multijurisdictional transportation issues in the South County region. MOVED BY STREDICKE, SECONDED BY TANNER, COUNCIL ADOPT THE COMMITTEE REPORT AND RESOLUTION AS PRESENTED. CARRIED. (See Resolution #2923 on Page 432.) ORDINANCES AND RESOLUTIONS The following resolutions were presented for reading and adoption: Resolution #2922 A resolution was read ratifying the County-Wide Planning Policies Growth Management: adopted by King County on 7/6/92, pursuant to the Growth Management County-Wide Act, RCW 36.70A.210. (See motion on Page 429.) Planning Policies Resolution #2923 A resolution was read declaring its intent to join with King County and SCATBD: Local other cities to form the South County Transportation Board (SCATBD) to Jurisdictions Declare ' manage multi jurisdictional transportation issues in the South County Intent to Join Board region. (See motion on Page 432.) Resolution #2924 A resolution was read declaring the City of Renton's opposition to the King County: recommended Regional Transportation Plan draft system plan for the Regional Rail System disbursement of Regional Transportation Authority funds. MOVED BY KEOLKER-WHEELER, SECONDED BY STREDICKE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and will be adopted at the next Council meeting on 9/28/92: Utility: Aquifer An ordinance was read amending Subsection 8-4-31.A of Title VIII Protection (Health and Sanitation) of the City Code relating to water meter rates. Implementation Minimum rates for metered water supplied within the City in one month Ordinance or fractional period thereof are as follows: Size of Service Total Service Charge 3/4" '$ 8.58 1" 10.30 1-1/2" 12.68 2" 19.77 3" 6622 4" 83.73 6" 124.46 8" 171.03 10" 246.78 12" 339.92 MOVED BY TANNER, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/28/92. CARRIED. Applova) UTILITIES COMMITTEE COMMITTEE REPORT September 21, 1992 Implementation Ordinance for Aquifer Protection Ordinance (Referred 9/01/92) The Utilities Committee recommends concurrence with the Planning/Building/Public Works Department's recommendation that the Implementation Ordinance for the Aquifer Protection Ordinance be approved and that this ordinance be scheduled for first reading. The Committee further recommends that the Council authorize the Water Utility to hire necessary staff to implement the Aquifer Protection Ordinance to include one full-time Civil Engineer II and one half-time Administrative Clerk II. esse Tanner, Chair z rig— Bob Edwards, Vice-Chair U fllG:.� - tali/ Timothy J. Sc r, Member cc: Lys Hornsby Ron Olson Paula Henderson C:DOCS:92-702:LLH:ps q f a1 I f Renton City Council Minutes Page 433 PUD: Final, Honey An ordinance was read approving the Final Planned Unit Development Creek (FPUD-144-91) (Honey Creek FPUD-144-91-Burnstead Construction); located at NE 21st and Jefferson Avenue NE. (Required restrictive covenants have been recorded with King County.) MOVED BY TANNER, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/28/92. CARRIED. (See consent agenda item on Page 427.) The following ordinances were presented for second reading and adoption: Ordinance #4367 The following summary of the Aquifer Protection Ordinance was Utility: Aaj ifer approved by telephone on 9/17/92 for publication on Friday, 9/18/92 by Prot Summary Councilmembers Keolker-Wheeler, Edwards, Mathews, Schlitzer, and rdinance Stredicke. An ordinance was read amending Title IV (Building Regulations), Title V (Finance and Business Regulations), and Title VIII (Health & Sanitation) • of the City Code, relating to the protection of the aquifer. MOVED BY EDWARDS, SECONDED BY EDWARDS, COUNCIL SUSPEND THE RULES AND ADVANCE THE SUMMARY ORDINANCE TO SECOND AND FINAL READING. CARRIED. Following second reading of the ordinance, it was MOVED BY STREDICKE, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE SUMMARY ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. Responding to Councilman Tanner's request, Assistant City Attorney Fontes said that she will verify the process for suspending the rules to place an ordinance on second reading and report back. Ordinance #4368 An ordinance was read ordering the construction and installation of LID: 335, Sierra sanitary sewers, trunk lines and appurtenances in and near the Sierra Heights Sanitary Heights area as more particularly described herein in accordance with Sewer Service Resolution No. 2914 of the City Council of the City of Renton, establishing Local Improvement District No. 335 in the amount of $320,324.41; providing assessments upon property in said district, payable by the mode of "Payment of Bonds", or "notes" in lieu thereof as determined by the City Council; providing for the issuance and sale of • Local Improvement District warrants redeemable in cash and Local Improvement District Bonds or notes (LID #335). MOVED BY , SECONDED BY , COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: FIVE AYES: KEOLKER-WHEELER, TANNER, NELSON, SCHLITZER, EDWARDS. ONE NAY: STREDICKE. Ordinance #4369 An ordinance was read amending subsections 8-5-15.D.1 and 8-5-15.D.2 Utility: Sewer Rate of Chapter 5, Sewers, of Title VIII (Health and Sanitation) of the City Collection & Pass Code, relating to sewer rates as follows: Through, Metro, 10/1/92-1/1/93 1) Subsection 8-5-15.D.1: A charge of $12.30 per month, payable to Metro, for each single-family dwelling unit. 2) Subsection 8-5-15.D.2: A charge of $10.25 per month payable to Metro, for each 750 cubic feet, or any fraction thereof, of water used for all users other than single-family. CITY• OF RENTON MEMORANDUM DATE: September 17, 1992 TO: Mayor Earl Clymer Members, Renton City Council FROM: Marilyn Petersen, City Clerk SUBJECT: Aquifer Protection Ordinance Summary The attached summary of the Aquifer Protection Ordinance will be published on Friday, September 18, 1992, as approved by five Councilmembers by telephone on September 17. For the official record, please denote your approval of the ordinance by signing below. This matter will be listed on the agenda of September 21, 1992, under Ordinances and Resol tions. Ka by K olker-Wheeler, Council President (approved 9/17/92) Bob Edwards, Councilmember (approved 9/17/92) Nancy Mathews, Councilmember (approved 9/17/92) , -41.0 � Toni Nelson, Counc' ember Jesse Tanner, Councilmember /1r/ Tim Schlitzer, o cilmem er (appr. •d 9/17/92) t.Cl'a 4 � Richard Stredicke, Councilmember (approved 9/17/92) Thank you for your assistance in this matter. The Aquifer Protection Ordinance is over 40 pages long, and publication of the summary will be very cost effective. CITY OF RENTON, WASHINGTON SUMMARY OF ORDINANCE NO. 4367 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE IV (BUILDING REGULATIONS) , TITLE V (FINANCE AND BUSINESS REGULATIONS) , AND TITLE VIII (HEALTH & SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY. OF RENTON, WASHINGTON" RELATING TO THE PROTECTION OF THE AQUIFER. SECTION I . This ordinance defines certain regulated substances , adopts regulations which apply within Zone 1 and Zone 2 of the aquifer protection area, requires aquifer protection area permits, requires a regulated substances management plan, establishes a method of reporting unauthorized releases, provides penalties, and provides for injunctive relief . This ordinance requires termination of use of regulated substances within Zone 1 of the aquifer protection area, except for diminimus quantities, within 10 years of adoption of this ordinance.. The ordinance also provides for modifications, waivers , alternatives , variances and appeals . The ordinance also makes changes to related portions of the city code to reflect the presence and requirements of the aquifer protection ordinance . SECTION II . A full text of this ordinance will be mailed, without charge, upon request to the City Clerk. Date of Publication: September 18, 1992 ORD. 300 : 9/16/92 : as . SPn m`ber 14. 1992 Renton City Council Minutes Page 414 Police: Auction, Police Department submitted list of items to be declared surplus for the Surplus Items Police Auction to be held 9/26/92 in the Police parking lot. Council concur. Police: Surplus Items Police Department submitted list of evidence items to be converted into for Renton Jail City property for use in the Renton jail in lieu of being declared surplus for auction. Council concur. CAG: 92-071, Transportation Systems Division submitted task order for design of Commute Trip transportation management program for City employees with Parsons Reduction, Parsons et Brinckerhoff Quade & Douglas, Inc. in the amount of $12,500. Refer to al. Transportation Committee. Airport Control Transportation Systems Division (Airport) requested approval of contract Tower Remodel, Elan with Elan Construction for remodeling FAA-leased portion of Control Construction Tower Building in the amount of $25,750. Refer to Transportation Committee. • Streets: Arterial Street Transportation Systems Division requested on-going review of the arterial Classifications street classifications as required by Washington State Department of Transportation. Refer to Transportation committee. CAG: 92-049, Utility Systems Division requested approval of task order in the amount Aquifer Monitoring of $18,290 for Aquifer Monitoring Wells Survey by Bush, Roed & Wells Survey, Bush et Hitchings (CAG-92-049) (criteria met). Council concur. al. Utility: Aquifer Utility Systems Division requested review of implementation ordinance Protection for Aquifer Protection Ordinance to provide additional staff and funding. Imtation Refer to Utilities Committee. Ordinance CAG: 90-056, Utility Systems Division submitted addendum to Monitoring Wells Monitoring Wells, contract with RH2 Engineering (CAG-90-056) in the amount of $43,513 RH2 Engineering (criteria met). Council concur. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL APPROVE THE CONSENT AGENDA WITH THE DELETION OF ITEMS 7.b, c, AND d. CARRIED. • Separate Administrative Services Department submitted 1992 Councilmanic General Consideration Obligation Bond Issue in the amount of $1.365 million to fund property Item 7.b: and equipment purchases and other capital projects. Refer to Finance Finance: Committee. Councilmanic General Obligation Bond Issue In response to Councilman Stredicke's comment that the Council has not discussed the Councilmanic Bond issue, Councilwoman Mathews pointed out that the Finance Committee will review the matter and present a recommendation to the Council for review and approval. Item 7.c: Administrative Services Department submitted list of surplus equipment Finance: Sale of to be auctioned on 9/26/92 in the City Hall parking lot from 10:00 a.m. Surplus Equipment to noon; and requested Council approval to surplus equipment. Council concur. Responding to Councilman Stredicke's question regarding sale of guns at City auction, City Attorney Warren stated that the State Legislature had CITY OF RENTON COUNCIL AGENDA BILL Al #: , � • Submitting Data: Planning/Building/Public Works ,For Agenda of: Dept/Div/Board.. Utility Systems Division September 14, 1992 Staff Contact Ron Olsen, Lys Hornsby (X-5539) Agenda Status Consent X Subject: Public Healing... Implementation Ordinance for Aquifer Correspondence.. Protection Ordinance Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions.... Implementation Ordinance Information Recommended Action: Approvals: Refer to Utilities Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $229,69.3 Transfer/Amendment Amount Budgeted Revenue Generated $229,693 Summary of Action: The Implementation Ordinance provides for the necessary additional staff and funding to implement the Aquifer Protection Ordinance. Without additional staff, the Water Utility would not be able to implement the program as outlined in the Aquifer Protection Ordinance. Since the effective date for permit applications is January 1, 1993, the Water Utility needs to hire and train staff, and perform development work such as the permit system and database before the formal permitting period starts. Staff Recommendation: It is the recommendation of the Planning/Building/Public Works Department that Council approve the Implementation Ordinance for the Aquifer Protection Ordinance and place it on the Council's agenda for first reading. C:DOCS:92-677:LLH:ps CITY OF RENTON MEMORANDUM DATE: September 4, 1992 TO: Kathy Keolker-Wheeler, President Renton City Council Members VIA: Mayor Earl Clymer FROM: Lynn Guttmann, Administrator STAFF CONTACT: Lys Hornsby, Water Quality Engineer SUBJECT: Implementation Ordinance for the Aquifer Protection Ordinance BACKGROUND: On August 24, 1992, the City Council accepted the Aquifer Protection Ordinance for first reading. In order for the Water Utility to implement the program outlined in this ordinance, additional staff must be hired and a funding source must be established to fund these additional positions. It is estimated that implementation of this ordinance will require one full-time Civil Engineer II and one half-time Administrative Clerk position. The Aquifer Protection Ordinance operates on an annual permit basis for those businesses handling regulated substances: The effective date for permit applications is January 1, 1993. The Water Utility needs to hire and train new personnel before this time. Also, permit forms, the database, filing systems, and the administrative rule must be ready by this date. ISSUE: The Implementation Ordinance will provide the authority to hire additional required staff in the Water Utility and raise water meter rates to fund these new positions. The increase in rates results in an additional $1.38 on a residential water meter. Without the implementation ordinance, the Water Utility must wait until 1993 to obtain the necessary staff (assuming that the requested new positions will be approved during the budget process). The development work such as the permit system. and database also would have to wait for a starting date in early 1993. RECOMMENDATION: It is the recommendation of the Planning/Building/Public Works Department that the Council approve the Implementation Ordinance and place it on the Council's agenda for first reading. C:DOCS:92-676:LLH:ps September 14. 1992 Renton City Council Minutes Page 417 application. MOVED BY EDWARDS, SECONDED BY MATHEWS, COUNCIL APPROVE THE COMMITTEE REPORT AS READ. CARRIED. Utility: East Renton Councilman Stredicke made the following inquiries: Sewer Interceptor 1) When will the East Renton Sewer Interceptor Environmental Impact Statement (EIS) be completed? 2) When will the East Renton Sewer Moratorium be lifted? Staff responded as follows: 1) The sewer interceptor EIS is being finalized at this time, and will be presented to Council in the near future. 2) East Renton moratoriums will end when sewer capacity is established for the area which is the goal of the East Renton Sewer Interceptor. Councilman Tanner noted that it will be necessary for Council to approve another extension of the moratorium to allow time for construction of the interceptor. ORDINANCES AND RESOLUTIONS The following resolution was presented for reading and adoption: Resolution #2921 A resolution was read establishing the factual basis for adoption of an Utility: Aquifer Aquifer Protection Ordinance. MOVED BY STREDICKE, SECONDED Protection Ordinance BY TANNER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and will be adopted at the next Council meeting: LID: 335, Sierra An ordinance was read ordering the construction and installation of Heights Sanitary sanitary sewers, trunk lines and appurtenances in and near the Sierra Sewer Service Heights area as more particularly described herein in accordance with Resolution No. 2914 of the City Council of the City of Renton, establishing Local Improvement District No. 335 in the proposed amount of $735,733.92; providing assessments upon property in said district, payable by the mode of "Payment of Bonds", or "notes" in lieu thereof as determined by the City Council; providing for the issuance and sale of Local Improvement District warrants redeemable in cash and Local Improvement District Bonds or notes (LID #335). MOVED BY STREDICKE, SECONDED BY TANNER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/21/92. CARRIED. Ordinance #4366 On 1/20/92, the following ordinance was remanded to the Hearing Rezone: Malesis, (R- Examiner for completion of conditions, and is hereby submitted to 050-90) Council for first reading: An ordinance was read changing the zoning classification of property located at 2202 Smithers Avenue South within the City of Renton from G-1, General Zone, to R-1, Single-Family residential zone (Louis Malesis; File No. R-050-90). MOVED BY STREDICKE, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. September 14, 1992 Renton City Council Minutes Page 418 MOVED BY EDWARDS, SECONDED BY STREDICKE, COUNCIL SUSPEND THE RULES AND ADVANCE THE ORDINANCE TO SECOND AND FINAL READING. CARRIED. Following second reading of the ordinance, it was MOVED BY EDWARDS, SECONDED BY TANNER, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. The following ordinance was presented for second reading and adoption: Ordinance #4367 An ordinance was read amending Title IV (Building Regulations), Title V Utility: Aquifer (Finance and Business Regulations), and Title VIII (Health & Sanitation of Protection Ordinance the City Code, relating to the protection of the aquifer as follows: 1. Section 4-6-22.E.3 of Chapter 6, Title IV 2. Section 4-22-3 of Chapter 22, Title IV 3. Section 4-22-8 of Chapter 22, Title IV 4. Section 4-31-11.D of Chapter.32, Title IV 5. Section 4-31-33.B.1 of Chapter 31, Title IV 6. Chapter 5 of Title V by adding section 5-5-5 7. Chapter 5 of Title VIII by adding section 8-5-22 8. Title VIII by adding Chapter 8, Aquifer Protection MOVED BY STREDICKE, SECONDED BY TANNER, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: SIX AYES: KEOLKER-WHEELER, TANNER, NELSON, MATHEWS, EDWARDS, STREDICKE. ONE NAY: SCHLITZER. MOTION CARRIED. NEW BUSINESS Council President Keolker-Wheeler announced the following: Community Event Delegation from 1) A delegation from Renton's sister-city, Nishiwaki, Japan, will be in Nishiwaki, Japan the Seattle area from 10/18 through 10/20/92; and the delegation will visit Renton on 10/19/92. Garbage: Recycling 2) A recycling day will be held on 10/10/92 at the Renton Technical Day, 10/10/92 College. There will be an $8.00 charge to recycle refrigerators and freezers. Council: Conference MOVED BY KEOLKER-WHEELER, SECONDED BY STREDICKE, Attendance, National COUNCIL AUTHORIZE COUNCILMAN EDWARDS TO ATTEND THE League of Cities NATIONAL LEAGUE OF CITIES CONFERENCE IN NEW ORLEANS, IN NOVEMBER, 1992. CARRIED. ADMINISTRATIVE Mayor Clymer reported that the Joint Regional Policy Committee has REPORT recommended a Regional Transit Project (RTP) draft system plan for King County: disbursement of Regional Transit Association (RTA) funds, and noted Regional Rail System that the proposed regional rail system does not include a link between Bellevue and Renton and Totem Lake north to I-5. The funds for the project total an estimated $9.2 billion: $6.2 billion for construction of a rail system, $2.0 billion to provide improved bus service, and up to $1.0 billion to build capital facilities to support transit. Mayor Clymer said rail system funds will be distributed as follows: Snohomish County-15%; Seattle-28%; Bellevue-23%; Auburn, Burien, August 24. 1992 Renton City Council Minutes Page 393 [2] This program would be the beneficiary of an exchange of funds that will leverage additional CDBG funds. The Renton Human Services Advisory Committee also presented recommendations concerning the allocation of Renton General Funds for human services. These recommendations will be reviewed during the City's 1993 budget process. The Community Services Committee agreed to accept the revised recommendations. MOVED BY SCHLITZER, SECONDED BY STREDICKE, COUNCIL APPROVE THE COMMITTEE REPORT AS READ.* Councilman Stredicke referenced statements in the committee report regarding allocations for interpretive services for the deaf, and requested that these funds be monitored carefully. *MOTION CARRIED. Utility: Aquifer This being the date set and proper notices having been posted and Protection Ordinance published in accordance with local and State laws, Mayor Clymer opened the public hearing to consider the Aquifer Protection Ordinance. Utility Systems Director Greg Zimmerman presented the Aquifer Protection Ordinance revisions made since the public hearing on draft 16 of the ordinance on 2/10/92. Mr. Zimmerman explained that the Aquifer Protection Ordinance provides ' rules and regulations for the use, storage, and production of regulated substances in the areas that have a direct influence on the City's sole source aquifer. Ordinance provisions protect the groundwater resources from contamination, and establish City construction practices within the aquifer protection area. Mr. Zimmerman said that the City's sole source of drinking water is supplied by the Cedar River Aquifer which lies beneath course sand and • gravel without any natural barrier between the water table and the ground surface, and that any harmful substance or contamination can move through the earth to the water table and into drinking water. The aquifer is only 20 feet below the surface in some portions of Zone 1 of the aquifer protection area (APA). Mr. Zimmerman stated further that it has been estimated that it would take a contaminant 1-365 days to reach the water table in Zone 1 and 1-5 years in Zone 2. The key provisions of the ordinance are: I) Businesses using, storing, or handling more than five gallons up to 20 gallons aggregate of any regulated substance must obtain a permit from the water utility to be renewed annually. This is subject to inspection to determine compliance, and permit requirements include: secondary containment of regulated substances and submittal of a monitoring plan (Zones 1 and 2). In Zone 1, a business is required to provide emergency collection equipment for spills, install groundwater monitoring wells, provide a groundwater monitoring plan, and install paving and stormwater improvements. 2) New development within Zones 1 & 2 must connect to a central City sanitary sewer regardless of the distance between the development and the existing central sewer. 3) Cash incentives are provided for voluntary relocation of a business from Zone 1. August 24. 1992 Renton City Council Minutes Page 394 4) No increased use of regulated substances is allowed for Zone 1 businesses unless a special permit is issued by the City. Mr. Zimmerman noted that the following requirements are included in the ordinance: 1) Stormwater infiltration prohibited in Zone 1. 2) Construction standards, material standards, and testing requirements for pipeline installation 3) Certain land uses are prohibited, such as waste piles, landfills, septic systems, hazardous waste treatment facilities, and solid waste transfer stations. 4) Regulations for existing landfills including inspection, fill and groundwater sampling. 5) Permit requirements for application of pesticides and fertilizers. 6) Requirements for reporting and clean up of contaminant spills. Mr. Zimmerman reviewed changes to the ordinance as noted in the annotated copy distributed to Council, and noted that the following has occurred since the 2/10/92 public hearing on the draft or finance: Optional Language to be reviewed: 1) Page 19, mandatory relocation, and Page 21, mandatory connection of septic tanks in Zone 1. Deletions: 1) $200,000 bonding requirement for businesses. 2) Mandatory sanitary sewer connection for existing development in Zone 2. Additions: 1) Voluntary relocation incentives. 2) Provision prohibiting increased regulated substance use in Zone 1. 3) Permit requirements for Zone 1, including emergency collection equipment, containment, equipment inspection, inventory of regulated substances, employee training, and site improvement. 4) Provision for reimbursement of cost for installation of required monitoring wells. 5) Operating permit modifications for pesticide, herbicide, and fertilizer application. 6) Provision to revoke operating permits if facilities have had releases or contamination incidents. 7) Publication of violators' names. Revisions: 1) Requirement to inspect Zone 1 facilities bimonthly. 2) Facility inspection requirement modifications. Mr. Zimmerman reviewed various rate structures, and said that the average monthly meter and water cost of $18.89 would be required to implement the program (current average monthly cost is $18.15). He also noted that an implementation ordinance including the rate structure and staffing requirements for the program will be developed following Council approval of the Aquifer Protection Ordinance. Audience comment was invited. David L. Halinen, attorney, representing Stoneway Concrete, 800 Bellevue Way NE, Suite 376, Bellevue, 98004, August 24. 1992 Renton City Council Minutes Page 395 stated that Stoneway is concerned about the review procedure for proposed land use changes and construction activities in Zone 1 of the aquifer protection area (APA). He submitted a letter detailing requested changes to the ordinance. The letter also recommended.that an applicant be allowed to submit an Aquifer Impact Assessment Report prepared by a hydro- geologist to the water utility; defined the "Aquifer Impact Assessment Report"; and requested elimination of the "owner" definition and the 10- year close-out provision. Councilwoman Mathews noted that the letter suggested that the burden of proof of substantial risk be placed on the City rather than the property owner. Mr. Halinen clarified that the suggestion is that the property owner would hire a hydro-geologist for technical evaluation to be submitted to the City for review. John Koloski, hydrogeologist representing Stoneway Concrete, Geo Engineers, urged that aquifer protection legislation.provide fair and equitable treatment to prospective users, and that application review be conducted by reasonable rules. Mr. Koloski supported the content of Mr. Halinen's letter, and requester.: that staff develop the recommendations provided in the letter with the assistance of a citizen advisory committee. Mr. Koloski also pointed out that construction activity as well as handling and storage of regulated substances can promulgate contamination, and that contaminants can often be conveyed along utility lines. He suggested that the ordinance include further clarification of construction standards. Mr. Halinen said that Stoneway is concerned about having an ordinance that will allow sensible redevelopment of its site in Renton. Planning/Building/Public Works Administrator Lynn Guttmann pointed out that the letter suggests that the City assume the burden of proof and would place severe time restrictions on the process. Ms. Guttmann said that the letter will be reviewed by staff for consideration when the ordinance is reviewed six months after approval. Responding to Chris Clifford's inquiry, 2721 Talbot Road South, Renton, 98055, Mr. Zimmerman said that the monthly water rate of $36.30 • illustrated earlier as the rate required to provide water treatment would be a continuing rate to cover the extra operating costs involved. Bill Bryant, Bryant Motors, 1300 Bronson Way North, Renton, said that his business, located in Zone 1, has implemented a number of changes to provide protection for the aquifer. He urged that the ordinance provide business with reasonable regulations and reimbursement of relocation costs. • Responding to Councilmembers' inquiries, Ms. Guttmann clarified that the proposed ordinance includes reimbursement of voluntary relocation of the use of regulated substances within the City limitsas follows: 1) 50% up to $60,000.00 the first year; 2) 50% up to $25,000 the second year; 3) 40% up to $15,000 the third year; 4) 30% up to $5,000 the 4th year; and 5) thereafter the City provides assistance with the extraordinary capital expenses relating to monitoring wells (each business will receive one grant only). Ms. Guttmann said that the proposed average monthly rate of $18.89 would cover the cost of reimbursement incentives. Responding to Lois Ord's inquiry, 221 SW Langston Road, Renton, City Attorney Warren clarified that uses are not always grandfathered, August 24. 1992 Renton City Council Minutes Page 396 particularly in a regulatory legislation such as the proposed Aquifer Protection Ordinance. Bernie Dochnahl, 2006 Redmond Avenue NE, Renton, 98056, commented that the ordinance has concentrated on business, and suggested that residential fuel tanks also be regulated. Sarah McDonald, 1600 Grant Avenue South, Renton, 98055, was concerned about Renton businesses affected by this ordinance, and cautioned against implementing legislation that would drive businesses and developers out of area. Bob Raphael, 903 South 4th, Renton, supported higher monthly rates for water in order to reimburse large businesses for relocation costs since large companies present a higher risk of aquifer contamination and should move out of the City as soon as possible. MOVED BY TANNER, SECONDED BY STREDICKE, COUNCIL CLOSE THE HEARING. CARRIED. MOVED BY TANNER, SECONDED BY MATHEWS, THAT COUNCIL ADOPT THE ORDINANCE WITH THE TWO PROVISIONS ON PAGE 19 AND 21 REGARDING MANDATORY RELOCATION AND MANDATORY CONNECTION OF SEPTIC TANKS IN ZONE 1.* Councilwoman Mathews asked the following questions: 1) How will annexation be addressed? 2) Why was the $200,000 bond for businesses eliminated? 3) Is Renton adding any regulated substances that are not controlled by other agencies? 4) Does prohibition of the conversion to, or installation of, fuel oil heating systems apply to residential properties? 5) Will emergency collection devices be available through the water or fire departments? 6) Will employee training be provided by the City? Ms. Guttmann responded as follows: 1) If the City annexes an area into Zone 2, it will be included on the aquifer map following approval by Council. 2) It was determined that $200,000 would not cover the liability and that bonding would be legally and administratively ineffective. 3) The ordinance contains no redundancy with other City ordinances or other agencies. 4) Heating systems cannot be converted to fuel oil nor can new fuel oil systems be installed on any property in Zone 1 or Zone 2 of the aquifer. 5) Each business will be required to add collection facilities based upon the substances used on the premises. 6) Employee training methods have not been determined yet. The City could provide training, and there are other sources available. In response to Councilman Stredicke's suggestion that the ordinance be referred back to the Committee, Councilman Tanner said the Utilities Committee has completed its deliberations, and is requesting Council August 24. 1992 Renton City Council Minutes Page 397 direction regarding the two optional items highlighted in the draft .ordinance. Responding to an inquiry from Councilman Edwards, Ms. Guttmann assured that the Aquifer Protection Ordinance will be reviewed by Council six months from the date of adoption. Councilman Schlitzer encouraged elimination of the ten-year exclusionary clause since the containment requirements and regulations in this ordinance would ensure safe business practices that will protect the aquifer. He said businesses that install safety equipment, contain regulated substances, and prohibit increased use; and that have proven to be safe for ten years through monitoring and inspection procedures should be allowed to remain in the aquifer area. Mr. Tanner and Ms. Keolker-Wheeler pointed out that contamination spills can occur even when modern containment is installed and monitoring requirements are enforced. Moved by Edwards, seconded by Schlitzer, Council amend the motion to remove the optional language on Page 19 regarding mandatory relocation.* Speaking against the motion, Ms. Mathews supported inclusion of the mandatory relocation language in the ordinance since current technology, action, and safeguards do not ensure aquifer safety; and she noted that the ordinance can be changed in the future if effective safeguards prove that relocation is not necessary. *Roll Call: Ayes: Edwards, Schlitzer. Nays: Keolker-Wheeler, Stredicke, Mathews, Tanner. Motion failed. Mr. Edwards noted that the ordinance requires individual residences to connect to sewers solely for the purpose of protecting the aquifer, and suggested that the City extend financial assistance to these individuals. City Attorney Warren clarified that formation of a Local Improvement District (LID) is a possibility, but side sewers are not part of the utility sewer system and could not be financed under LID bonds. He stated further that a grant system similar to that used to provide reimbursement for relocation of businesses could be established in the ordinance to permit financing for required side sewer installations. Mr. Edwards said that during Utilities Committee deliberations he endorsed the inclusion of stringent containment requirements in the ordinance in order to ensure the safety of the aquifer and allow businesses to remain in Zone 1 after the 10-year period if they had proven that they posed no threat to the water supply. He said that mandatory relocation makes this an onerous piece of legislation, and places a heavy burden on businesses, some of which have been in the Cityfor many years. *MOTION CARRIED. Recess MOVED BY STREDICKE, SECONDED BY KEOLKER-WHEELER, COUNCIL RECESS FOR TEN MINUTES. CARRIED. Time 9:58 p.m. The Council meeting reconvened at 10:17 p.m.; roll was called; all members were present. Utility Aquifer MOVED BY TANNER, SECONDED BY KEOLKER-WHEELER, Protection Ordinance COUNCIL PLACE THE ORDINANCE ON FIRST READING. CARRIED. (See Page 405 for first reading of the ordinance.) August 24. 1992 Renton City Council Minutes Page 398 Utility: Mandatory MOVED BY SCHLITZER, SECONDED BY EDWARDS, THAT Sewer Connection SANITARY SEWER UTILITY CONDUCT A STUDY AS SOON AS FEASIBLE REGARDING MANDATORY CONNECTION FOR RESIDENTIAL PROPERTIES IN ZONE 2 OF THE AQUIFER AND MANDATORY CONNECTION CITY-WIDE, THAT EACH OF THESE ITEMS BE COMPARED,TO THE EXISTING SANITARY SEWER COMPREHENSIVE PLAN FOR IMPACTS RELATED TO PROJECTS ALREADY IN THE PIPELINE AND POSSIBLE CHANGES IF NEEDED, AND THAT THIS MATTER BE REFERRED TO THE UTILITIES COMMITTEE. CARRIED. AUDIENCE COMMENT Marjorie Richter, 300 Meadow Avenue North, Renton, 98055, pointed out Citizen Comment that Comprehensive Plan survey questionnaires included in recent utility Richter - billings were sent to property owners but not to apartment residents. She Comprehensive Land pointed out that property owners' replies to those questionnaires could Use Element bring a whole new perspective to land use in North Renton and none of the property owners had asked their tenants what they wanted. Ms. Richter also questioned the proposed land use maps since Victoria Park, Monterey Terrace, Windsor Hills, Earlington Hill, West Hill, and Renton Hill had not been surveyed or studied. She objected to further study of North Renton, and claimed that neighborhoods were not being equitably treated. Citizen Comment Clifford Chris Clifford, 2721 Talbot Road South, Renton, referenced complaints - Boeing/Longacres, made at the 6/15/92 Council meeting from a number of parties of record (SM;V;SA-006-92) for the Longacres/Boeing site approval who claimed they had not received important information regarding the project. Mr. Clifford said though Council had requested information regarding the notification process, he was not aware that any response had been received. He urged that Council pursue this issue. Citizen Comment Versie Vaupel, P. O. Box 755, Renton, 98057, opposed further study of Vaupel - North Renton land uses, and requested that a preferred North Renton land Comprehensive Land use alternative be included in the EIS. Use Element Ms. Vaupel also distributed a report on the number of rezone requests for the North Renton area: 1) East of Park Avenue - Out of 154 lots, received rezone requests for 36 residential lots; 2) West of Park and north of 4th - Out of 175 lots, received rezone requests for 24 residential; and 3) South of 4th and west of Park- Out of 117 lots, received rezone requests for 21 residential lots. Ms. Vaupel pointed out that the number of rezone requests are small compared to the total number of lots involved, and objected to giving rezone requests equal status to the Planning Commission recommendation for North Renton. She said that these requests had not been subjected to the intensive study and review imposed on other properties and that North Renton residents are concerned about this inequitable process. Ms. Vaupel stated further that the North Renton/Kennydale Defense Fund group has recommended that presently conforming multifamily units not be made non-conforming. She also commented that the City is allowing rezone requests to influence the Comprehensive Plan rather than the Comprehensive Plan influencing the zoning process. August 24. 1992 Renton City Council Minutes Page 399 Ms. Vaupel said that the proposed commercial designation, which includes light industrial, is misleading; and objected to PACCAR's request that some of the residential land in North Renton be designated for commercial use. Citizen Comment David Halinen, attorney representing Stoneway Concrete, 800 Bellevue Way Halinen - Aquifer NE, Suite 376, Bellevue, 98004, said that Stoneway would appreciate an Protection Ordinance opportunity to work with the Utilities Committee and City staff on the development of construction standards to be considered when the Aquifer Protection Ordinance is reviewed six months after approval. Citizen Comment Beverly Franklin, 537 Williams Avenue North, 98055, felt that Renton Franklin - communities are not being treated equally in the Comprehensive Plan Comprehensive Land process. She stated that if the three lots south of North 6th proposed for Use Element business/office zoning were to act as a buffer, it would be appropriate to impose a zoning designation of SF/4-mix. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council President Keolker-Wheeler added an item to the consent agenda regarding the Sierra Heights Sanitary Sewer (LID 335) franchise agreement with King County. Latecomer Agreement City Clerk submitted request for latecomer agreement from James Storybook Homes, Lind Campbell, Storybook Homes, for watermain improvements in Lind Avenue Ave NW at NW 3rd St. NW at NW 3rd Street (LA-003-91). Refer to Utilities Committee. (Campbell), LA-003-91 Growth Management Planning/Technical Services Division requested approval of consultant Comprehensive Plan agreement for Comprehensive Plan Final Environmental Impact Statement FEIS, Huckell/ (FEIS) with Huckell/Weinman Associates, Inc. in the amount of $42,000.00. Wienman Assoc. Council concur. SCATBD: Local Transportation Division submitted revised model resolution adopted by the Jurisdictions Declare South County Transportation Board (SCATBD) on 8/14/92 for use by local Intent to Join Board jurisdictions to declare their intent to join the SCATBD. Refer to • Transportation (Aviation) Committee. CAG: 92-092, Cedar Utility Systems Division/Surface Water Utility requested authorization to River Delta Dredging enter in an agreement for acceptance of funding from the Boeing Company Project, Boeing in the amount of $507,790.00 for the Cedar River Delta Dredging Project. Funding Council concur. CAG: 92-001, Sierra Utility Systems Division submitted CAG-001-92, Sierra Heights Steel Heights Steel Watermain Replacement Project (W-1059); and requested approval of the Watermain project, authorization for final pay estimate in the amount of $3,199.20, Replacement Project commencement of 30-day lien period, and release of retained amount of (W-1059), Laser $5,643.31 to Laser Underground, contractor, if all required releases have Underground been received. Council concur. CAG: 92-012, 32nd Utility Systems Division submitted CAG-012-92, North 32nd Ave. N./N. 35th St. AC Avenue/North 35th Street A.C. Watermain Replacement Project; and Watermain requested approval of the project, authorization for final pay estimate in Replacement Project, the amount of $1,444.80, commencement of 30-day lien period, and release Merlino Const. Co. of retained amount of $9,102.71 to Gary Merlino Construction Co., Inc., contractor, if all required releases have been received. Council concur. August 24. 1992 Renton City Council Minutes Page 405 Finance Committee Finance Committee Chairman Mathews presented a report recommending Vouchers approval of payment claims checks #92646 - 93126 and two wire transfers in the total amount of $740,898.50. And approval of payroll vouchers #110937 - 111389 and 304 direct deposits in the amount of $985,988.71. MOVED BY MATHEWS, SECONDED BY TANNER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Budget Mid-Year Councilman Stredicke referenced comments made by Councilwoman Budget Adjustment Mathews following the 8/17/92 Finance Committee report on the mid-year budget adjustment regarding requests for staff and a transfer of funds from the Street Overlay fund. Mr. Stredicke objected to these items appearing in the mid-year budget without prior submission to the Council for approval. Councilman Tanner suggested that a presentation to the Committee of the Whole would be an appropriate procedure for review of staff budget requests. Councilwoman Mathews stated that substantial budget expenditures need be brought to the Council's attention. Mayor Clymer said that he will present the mid-year budget adjustment to the Committee of the Whole in the future. ORDINANCES AND RESOLUTIONS The following ordinance was presented for first reading and will be adopted at the next Council meeting: Utility: Aquifer An ordinance was read amending Title IV (Building Regulations), Title V Protection Ordinance (Finance and Business Regulations), and Title VIII (Health & Sanitation of the City Code, relating to the protection of the aquifer as follows: 1. Section 4-6-22.E.3 of Chapter 6, Title IV 2. Section 4-22-3 of Chapter 22, Title IV 3. Section 4-22-8 of Chapter 22, Title IV 4. Section 4-31-11.D of Chapter 32, Title IV 5. Section 4-31-33.B.1 of Chapter 31, Title IV 6. Chapter 5 of Title V by adding section 5-5-5 7. Chapter 5 of Title VIII by adding section 8-5-21 8. Title VIII by adding Chapter 8, Aquifer Protection MOVED BY TANNER, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/14/92. CARRIED. The following ordinances were presented for second reading and adoption: Ordinance #4364 An ordinance was read providing for 1992 Mid-Year Budget Amendments Budget Mid-Year in the total amount of $28,432,196.00. MOVED BY MATHEWS„ Budget Adjustment SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE Ordinance, 1992 ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. Ordinance #4365 An ordinance was read amending Section 4-10-3.B.3 of Chapter 10, Legal: Site Plan Mining, Excavation and Grading Ordinance,.of Title IV (Building Review, Special Permit Regulations), of the City Code, as it relates to filling and grading. for Fill & Grade MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. AFFIDAVIT OF PUBLICATION Karen Tucker , being first duly sworn on oath states • that he/she is the Chief Clerk of the • VALLEY DAILY NEWS Daily newspapers published six (6) times a week. That said newspapers are • legal newspapers and are now and have been for more than six months prior to the date of publication referred to, printed and published in the English language continually as daily newspapers in Kent, King County, Washington. The Valley Daily News has been approved as a legal newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form attached, was published in the Valley Daily News (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice a Notice of Public Hearing was published on 9:-7-92 The full amount of the fee charged for said foregoing publication is the sum of$ 24 . 87 -14)IAA/Ari � A Subscribed and sworn before me this 1 0th day of August 1992 • . / CITY OF RENTONC NOTICE OF PUBLIC HEARING BY oe i / RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 24th day Notary Public for the State of Washington ' of August, 1992,at 7:30 p.m. in the Council Chambers of the Renton Municipal building, residing at Kent 200 Mill Avenue South, Renton, Washing— King County, Washington ton, as the time and place for a public hearing to consider the following: VDN#87 Revised 8/91 Aquifer Protection Ordinance Any and all interested persons are invited to be present to voice approval,disapproval, or opinions on this matter. CITY OF RENTON ' Marilyn J. Petersen City Clerk I Published in the Valley Daily News August 7, 1992. 7873 Submitted at public hearing 8/24/92 Law Offices HALINEN & VANDER WEL, P.S. A Professional Service Corporation Bellevue Place/MGM Building (206)454-8272 DAVID L. HALINEN,P.E. 800 Bellevue Way NE, Suite 376 Fax(206)646-2851 Bellevue,Washington 98004 August 24, 1992 Renton City Council 200 Mill Avenue South Renton, Washington 98055 RE: Proposed Aquifer Protection Ordinance (APO) STONEWAY CONCRETE'S REQUESTED CHANGES TO SECTION 8-8-6, PROPOSED DEFINITION OF "AQUIFER IMPACT ASSESSMENT REPORT", REQUESTED ELIMINATION OF "OWNER" AS A DEFINED TERM AND REQUESTED ELIMINATION OF 10—YEAR CLOSE—OUT PROVISION Dear Council Members: I am writing on behalf of Stoneway Concrete regarding the July 21, 1992 draft of the proposed Aquifer Protection Ordinance to make the following four requests. REQUESTED CHANGES TO SECTION 8-8-6 The first request is for certain changes to Section 8-8-6. Subpart B of that section as currently drafted would require the City's Water Utility to make a positive finding that any land use change and construction activity proposals within APA Zone 1 "will not impact the long term, short term or cumulative quantity or quality of the aquifer. " Stoneway is concerned that (1) the Water Utility could find it easiest to simply never act regarding such a finding regardless of the merits of a land use change or construction proposal and (2) proponents of meritorious proposals could thereby unfairly and unreasonably be held up. To create an approach that will better assure fair and timely Water Utility response to land use change and construction activity proposals within APA Zone 1 while yet maintaining the Utility's ability to fully review all such proposals, Stoneway proposes the following changes to Section 8-8-6 (changes to the current draft indicated by red-lining and strike-out) : 8-8-6: REGULATIONS WHICH APPLY WITHIN ZONE 1 OF AN APA: * • * B. REVIEW OF PROPOSED ACTIVITIES. cc: Greg Zimmerman Ron Olsen Lys Hornsby Renton City Council August 24, 1992 Page 2 • :.».:.:. ..:. i i .e•:.iii::i:<':i::.:.':<:::::> r :its»»:::and 1. �.':rOv:�:�d:Od::::::::sthat::>::::>a:l:�:::>:<:;:�:therv�:a:�e:::.r:�*. .. .�..r..ed:::..:��.t:.:�:::. .e t...:::...:........ tmgwgtwilyamealqgom 'g �:`tip:'::`•'�•�: "�.c�i. :::`•:L;i ::}:}}L::..:::.yr.:. :�.�}...:...�:A.�..•...::::i::::': .....::vY;�::x.�..r{�Y}}:{y:::::i::i:::i::..:.. .♦... ............... ............................. ...............:X154.. .. ..... axed>::;:cost :a:c :ion::<:>:act: v :ies:: ::<:«w'i �th�n zone 1 of an AP4— ..... .. use and ne��` ��``ti ::<`.4 �e..>., > :"'ass '3�.;':::::;;;cFari;;:•:es ::::.;:.;lri:.;'::::.::.Yarid ........�'-.d.. construction activities shall be allowed unless€ ohig thirty30) d ::s:i: §: -l.aw n $ ermit a 3iaa: t:'s:.;: u::::::iitt . :{:::::.(}'.:.:w::.i.ii'vii:.}':.}'::n:4::•::..}'::.}:{.} .':::<%.i:.i.}':{:v':vii;::.;: •}:":il:it2 :if::of <� <m:attarl::::::::>:::tz�:<:>:thu:<:>::�7t . •<r�r>:< ::.:�• > �Ze>�>� s�«iia:°� < k��<�>`���ub • n... .e ..... m ggtai.AsOkgeie:igii . ::r::.:;:.::: i tt >€Ettk>:< t:.°:«< t • } :makes a finding 13 made.....by.....thc....Ut ........................... ...n• � � :.}'.;::..:.,;•:{n}_.,....:n;.',,,::.•{:{'.i::::::{:::{}:n;.':.i;;:y:•{:.:iii:>'.:.::':{::;,:ny.;y,y:•.} ro osal will not impact the:':asns:<:i::a::>::i subs NBUS :<:r: s : :::. significantly > ogos a'impacting longterm short term or cumulative quantity or: quality of the aquifer i( ) notifies.t'he:applicantof.:,any..def .c. enc esthe ...3n Aquifer clomp..:Ass s lent o t: The findin shall be based...on the :ai~n:for cat:ion:::::: nova de :<: n:>::the»:A :u> fex:>:::Im>act>::>Asses�sment viii: }:}r}ijii'�':ijiiiiitiv:::•':i::i::si'•':i:`:is:::•i:4:4i:' ' "':;'Yi;{;;;::::::itii.<:..;i}4{;:};{{::::::::::::::::::::::::•::::::::::::::::: • e:ort st;bi itte to< e :U ii :::.> resent or ast activztic3 Conducted at the facility; regulated 3ubotanccs stored, handled, treated, used or produced; and the potential for the activities or regulated zubctanccs to degrade groundwater quality. • PROPOSED DEFINITION OF "AQUIFER IMPACT ASSESSMENT REPORT" In conjunction with the above-stated requested change to Section 8-8-6, Stoneway proposes the following term and definition be added to Section 8-8-2 (Definitions) : #ORMIIP�!`.��:';�.'>::�....SFr:s.�-�.I!ME:....::::�F,���......................i.�<:..........��.i:#:1...:�:::�;... .:��G'�:. ...��."�...4�.��.'..`�... >::.:<:::.s:hor :>:::t:erm '>:.;:<:>;:.:»:<:::::.;' .:.:,�: ::>:c..::;<. :.::::::::>:::.�: ::��>:<:::uss:es 'es ::>th�€<:>€:iron::<:>:rte rm ...... . b..:::::a:::�i..:dry: X47..:.::: :�...s.t..:::�h;a�::.�:......:..::..:....a..:....:...:........................... ........................................:....:::..::...::::::::: :. >a .::. €: €a:€::;>::;,:.:`:." >':: ,;>'::nt <t:`> a t g ' t>": > npaots>»° i ::;:<{` ..:a,`,::..e »> larid» ` ..... . ��({•':.:::• '::::::;S;k;{;;..•.;:.,SiS;::i:..•.:..:.:.;:ei.. •:rent'::'r<✓�.}}':,i.•'.::::.::\'JQ:]✓.:::i:e?':::ii:::e ac 'i:ii:s :.f1L5...'{::$ii'.::F.po''$:v'r$$m :s..{yj{,,`,�::i►::'ri'ii IFY� }ii4i;•iii:i�,�vi::t�•,�•:v::::: •:::::::::::i.:,.♦,e,<',.'..:�:: :�::::::::::::�•::::�.:::::::::::::::�w::::;�.Y .:::::::::::v:::: v::::::�w::.T�::::•::: :.'.>::::::>t'.'e y.,:i.i:::.,...ii..i%{.:.:.::?.i:•i:;:;:•i:.:':i?;i{%•'.:;iY.,..};Y;:�:::.%4:h:;ri:;..i:?v.i::::::iii'::::i.}::i:�ii:..ii::::ijii:::::?'''<�'�':>�'"iiii}.�:':{i.iiiiiiiF'4:•:i.4:ij•i};.}:•iii:G:•i":•i::^'•:{::?;:;:;:4:6:•ii:L:•i:L:Li:v:vi:•ii:L.y is .................:: : : y':v: y:"ii:{iii".i:::..::::.i': .... ro:'.0 :e<.is::changeii:>ktitWAi. : 14.tRWOMPtgdMicatnittiiAnduse. :.ii:.s' e:;.i:.i:.ii:.i:.in.>:.ir. lat:a:.on.iiit:o:.i:.i. : .:...ii:.:of:.i:.it:.eii:.ic.it:..i:'s::i:.iwe ':':si:.ii:boated <::: :::::;:; i::::.i::'.i':i:.;i:;:•ii:♦:.:".;::•i:.i:•ii:;•i::'.::•;::•:•i:•:•i:•i:;•::.i:•i:•i:•i:•i:•i:;•i:•i:.i:.;:.i:.i.:::::::::::::::::::::::::.::::.:::::::::::::::.�:::::::::::::::::::::::.�:::::::::::::::::::::::: :.ha:n:: €: n�::>:>land�::::us:e: or � sr�:be><»:�n<:«:de�:a>�:1::::tithe<�::�:rut :o:sed::>:.ch. .e . :;«::< ::ii::»>::»::i»i;:>::ii�:: �:>iii::i::ii:::<�:«:::>::>::::::::::i::::i::i:<::::: ::i<i::i�:::i::;:i:>:>:::«:ii:.:.i'::.:.iii:.:.i:.i'::.;;::::•:' :;. .i:.i:.;:♦:.;.i:':.i:.i:.i:.i:.i::.ii:.ii::'i:.:♦ii:.i::::.i:.i:.:::<.�•::,.;:::;<.i:<.:.:.:.«.iii:. pppp g . .grx:;s:g: .Aiggi iji.::.: .. c: tt :lm ;.::.:' .ttheut:;.ii .: xat4t.: ;n »:.>t :a ::ii>"�':iY h:?♦iiiiiiiiii:4%ti•ilii:3i:'ii:^:4:•ii:•:♦:4i::•:"'.i:•:J:•;tiiiLLLiii:'::L•iii:ii}iiiiiiii:'�iiiiii:i.ii::J:'iiifiiiiii::•ii:8iifiih:':?':•i:^:4:•:"LL?•: fl'> ;l:annud::::::��.nf:�.•:.°:°rat�ou �::<:matera�s:>a:nd:uons:�rucf�.�c�n::meth. . . # `:i:>:>:€ani::::::> .: ''3::ose.4 ::>:»`: :o nda'•.t`'.`'.: .o::1.�s..:::::.:::.th...:::::::pr.''... ..tti....ed:....:..layo'..1...... 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The information provided in such Aquifer Impact Assessment Reports will enable the Water Utility to make reasonable decisions regarding the risk that a proposed land use change or construction activity proposal within APA Zone 1 will have on the aquifer. REQUESTED ELIMINATION OF "OWNER" AS A DEFINED TERM In addition, Stoneway requests elimination of "Owner" as a defined term. The term "Owner" as currently set forth under Section 8-8-2 (Definitions) is so vague and broad that people who do not have reason to expect to have any current responsibility for, property (e.g. , those with a mere contingent interest in property) might neverthless be "dragnetted" into a position of responsibility under the APO. That would be very unfair. By eliminating "Owner" as a defined term, the term would (appropriately) be left to its common meaning. REQUESTED ELIMINATION OF 10-YEAR CLOSE-OUT PROVISION Finally, Stoneway wishes to go on record as supporting the elimination of the earlier-proposed provision requiring termination of industrial uses in APA Zone 1 within 10 years. More than sufficient aquifer safeguards are included within the APO as currently drafted without inclusion of any absolute time-based close-out provision. • Thank you for your consideration of these comments. Please note that by providing comments 'concerning the APO, Stoneway is not waiving any position that it may later take to defend against or challenge all or any portion of the APO if it is passed. Sincerely, HALINEN & VANDER WEL, P.S. • David L. Malin cc: Robert Hines, Esq. Stoneway Concrete c:\of\2021\apoltr.2 AQUIFER PROTECTION ORDINANCE Zone 1: Phased Reduction of Use of Regulated Substances• . High •-- ' Relocat• i n nrentiveS • nts c e uireme ........... Regulatory R q Low ., _ . . • .. _. . . . ' First Year Second through Fourth Years Fifth Year and After Relocation Offer to pay 60%voluntary Offer to pay 50%voluntary relocation None _ Incentives relocationup to expenses up to $25,000 2nd year; 40% up to $60,000 if relocation is within $15,000 3rd year; 30% up to $5,000 4th year; City limits. if relocation is within City limits. Waive connection fees(SUCC)if Waive connection fees(SUCC), if relocation is relocation is within City limits. within City limits. Regulatory Apply for relocation assistance Comply with APA permit requirements by Requirements or apply for APA permit second year including: Same plus by fifth year: - Regulated substances management plan Monitoring wells - Secondary containment Paving and - Emergency collection equipment Stormwater improvements - Employee training program • - Inventory of regulated substances During next two years, offer to pay 50%of capital costs up to $25,000 Bi-Monthly inspection by City for required monitoring wells Reduce Use of None No increased use of regulated substances Same Regulated allowed unless granted special permit Substances Penalties Fines for non-compliance&cost of Same, but publish names of violators in paper Same clean up Mandatory relocation if 2 or more • contamination incidents occur 92-322.DOC/LLH/bh +++ t}'k+++'+++, .+ % %• x' x xs.x a..n^re....... .......G. ..- ,n.a:r -r,+t,,.,r,+-t vi t.++rM „ .... . .. . , . . .. .. .. .,- .raa: .Y aa:.s , r t r : . .. .� � .., .,i ,... ;.�i ..1. .:::, .,. y.. :: ., 3, , .....A .-,.., .� ,,°',.k.. ».� . . 1.,:,.,-.,6",..*.:,,,,";,,.. .. .. ., ttl.. a , . .�.- .:.. ._. .__._ , :__.,. ..: .., ,.. .,, :a:..+ ..,. . . ... r.,,"4', ''',. . . � a � t -itt��,.ta+�,�i�i r�, ... .... i _. , _ . _. s .t h,. #. � + ...., r � , -., �t, t , k .+inL'rt . i. �rY.. ^ nes r s - 3 . . , Y�,.... �;.::. k ,,: k �r ,r.+:.f.rt.. 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A-a# t E ,r * er C?� 1 Etyr(�ai 4111,1tt 1 e .11;` '9 j ## i i,F., iE r $127.06 ErFL , .'�' G .iI{j .1'.7!41 1 1 4 b- �'tt+'- F C[ {� scw,' fk:ts r 1€v iryIH� i.„' n i/°i_i 4�' e�$},f4 '{£"i14i pE , 1,',„, 2 m3'Et4Ir. t lII: a i 1 t i ;l 4 t t i 1 +t 11:1 t'"y 'El/lb e011110:0 e k«1:f., i r i d,i } #{, 'L$'j ,, .Ri C h E ` ,-j f*atfJM t,.1 t j bi :'4 I d''LL ----- ------ -- 11 -'• t�iit 1tF l 1°t 3 I t '�� i • $1 p'i�. $ 121) Ammi _ SERE ?II 4 t.il e : lijkE 141' F :1: �' _ k n' 41:p€ete°%s}+ aEi ift ti+t x i ''d �� Heft. it u:E° '.e a°` 11:1:,.,...?,,:,-.1:-...:4:,....d1:1 a i ,. ♦- a GEi e€1 E� x /.4. 1$111:01-1 x ?4 H $ 110 - - -- - E ` �$96.81 t` xx 'V loo � ' I Current Monthly Rate {CMR)_________ipirlim_ �, � o E $90 El 1*:11i 0I0. With Aquifer Protection NININg H $80 $ Ordinance (APO) and Staff Costs M 0 $70 With APO, Voluntary Relocation, and Monitoring Wells 44 I $60 $50 - iii•• Current Monthly Rate With Treatment • 2 $36.30 a) $40 .F-,.. -----AIM.— - c Current Monthly Rate With Minimum System Replacement $30 $18.15 $18.89 $19.60 $20 Current Monthly Rate With '44'. muSystem Replacement $ 10 , r i SO o T ,ate lt i I ! r.:....,,a._ rr,,r.., ,.:.r,:F i.. .. ii1 y,.I,, i it ,f 1, ,,, ,i,ay. :.;; .. ,.:..., , „, r r -i A :.., rl'F�17,.,,�i 1�,Y�F1'P'1�]I:)� , �i i r , �' r` pr�E C. i1• t CMR/SRL CMR/SRHCMR CMR/APO CMR/APO/SR CMR/TR:. ,- 0 A V k r -0;::•;,...,,:' ,.'„,..c„.,„.0,-,', rFre,t* atErn S , + t�'lf Ltt ';: ,? Y 1 r =,,-. +' r Ir rt.,:•,,..,,. ..,,A.ktt .? `,,�fip : E��dG,,; �. EE.. �;1t.. #+t.t,+a i " C � s:t��'Ii � k " +. rqwk t . r'` Aa,F: x id;k4r 7 CkSY�r�f :Eyttt �. i� { ' ): a1'I3 i i .Fa �i i'Ii�xt*..'„tt 1, ` `. r b *r��`rF f �d� r r” €r e t � :. 40 . � a i ii. Estimated Residential Monthly Water Bill For Water Supply Protection Alternatives J �' '''1:""'4":'""''''', ��''� .,Y err *t " ' a 'E n 'i444'''';',131 rE 1tC7i t 3 f ;�+.5,41”' �+ t r :Y:::1,''''aky ,eE tk.,.0 k1 k,Irt s :: v�tP1- E4r+i.1f 4.E �k', ,,i j[ � City of Renton �i ENGINEERS 'p,Yt iN11 C' r r t �t .a• IPA')E 1 9F r� i • '1414' r- t �y r PLANNERS *t ,kYh CwF i k 1I� a C x at # O , • iE t t E, -All costs amortized usinga 20 year bond sale at 6.5/o annual interest. L�� 1 scEENTISTs "^r'b "'.!, Vfr* ` .C Ii # �° „ ",1 r° ' , -No Inflation or 1993 CIP osts included'rE. .1,1l1Itt„i; rtil ;} +41.,:41, . I CITY OF RENTON,WASHINGTON DRAFT DATED AUGUST 3. 1992 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, AMENDING TITLE IV (BUILDING REGULATIONS), TITLE V (FINANCE AND BUSINESS REGULATIONS), AND TITLE VIII (HEALTH 8c SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON" RELATING TO THE PROTECTION OF THE AQUIFER AS FOLLOWS: 1. Section 4-6-22.E.3 of Chapter 6, Title 1V 2. Section 4-22-3 of Chapter 22,Title N 3. Section 4-22-8 of Chapter 22,Title IV 4. Section 4-31-11.D of Chapter 31, Title N 5. Section 4-31-33.B.1 of Chapter 31, Title N 6. Chapter 5 of Title V by adding section 5-5-5 7. Chapter 5 of Title VIII by adding section 8-5-21 8. Title VIII by adding Chapter 8,Aquifer Protection. SECTION I. Section 4-6-22.E.3 of Chapter 6, Environmental Ordinance (SEPA), of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended to read as follows: 4-6-22.E.3: The City adopts by reference the policies in the following City Codes, ordinances, resolutions, and plans as they currently appear and as hereafter amended: a. 1976-Planning Commission b. 1976-Cedar River Master Plan c. 1978-Airport Master Plan d. 1980-Southeast Renton Plan e. 1981 -Northeast Renton Plan f. 1981 -Policies Element/Comprehensive Plan g. 1983-Comprehensive Solid Waste Management Plan h. 1983-Shoreline Management Plan i. 1983-Central Renton Plan j. 1984-Comprehensive Water Plan k. 1984-Comprehensive Sewer Plan 1. 1984-Comprehensive Park and Recreation Plan m. 1984-Green River Valley Plan n. Six-year Street Plan o. City of Renton Zoning Code f p. Uniform Building Code q. Uniform Fire Code r. Uniform Mechanical Code s. Street Arterial Plan t. Uniform Electrical Code u. State Energy Code v. The Aquifer Protection Ordinance(Ordinance No. )shall be included in the environmental policy of Renton. SECTION II. Section 4-22-3 of Chapter 22, Storm and Surface Water Drainage, of Title IV(Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended to read as follows: 4-22-3: DEFINITIONS: Unless the context specifically indicates otherwise, the meaning of terms used in this section shall be as follows: ADMINISTRATOR shall mean the Administrator of the Department of Planning/Building/Public Works of the city of Renton, or any successor office with responsibility for management of the Public Properties within the City of Renton, or his/her designee. CHEMICALS: "Chemicals" means all "Regulated Substances" as defined by the City of Renton in the Aquifer Protection Ordinance. COMPUTATION: Calculations, including coefficient and other pertinent data, made to determine the drainage plan with rate of flow of water given in cubic feet per second(cfs). DEPARTMENT: The Planning/Building/Public Works Department of the City of Renton. DETENTION/RETENTION FACILITIES: Facilities designed either to hold runoff for a short period of time and then releasing it to the point of discharge at a controlled rate or to hold water for a considerable length of time and then consuming it by evaporation, plants or infiltration into the ground. 2 . t DEVELOPMENT COVERAGE: All developed surface areas within the subject property including but not limited to roof tops, concrete or asphalt paved driveways, carports, accessory buildings and parking areas. DIRECTOR: See Administrator. DRAINAGE AREA: The total area whose drainage water flows to and across the subject property. DRAINAGE PLAN: The plan for receiving, handling, transporting surface water within the subject property. PEAK DISCHARGE: The maximum surface water runoff rate (cfs) at point of discharge, determined from the design storm frequency. RECEIVING BODIES OF WATER: Creeks, streams, rivers, lakes, storm sewers and other bodies of water into which surface waters are directed, either naturally or in manmade ditches or open and closed system. STORM SEWER AND STORM DRAIN: A sewer which carries storm surface water, subsurface water and drainage. SUBJECT PROPERTY: The tract of land which is the subject of the permit and/or approval action. SECTION III. Section 4-22-8 of Chapter 22, Storm and Surface Water Drainage, of Title IV(Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended to read as follows: 4-22-8: DRAINAGE PLAN REQUIREMENTS AND METHODS OF ANALYSIS: A. All persons applying for any of the permits and/or approvals contained in Section 4-22-5 of this Ordinance shall provide a drainage plan for surface water flows entering, flowing within and leaving the subject property. The drainage plan and supportive calculation report(s) shall be stamped by a professional civil engineer registered in the State of Washington. The drainage plan shall be prepared in conformance with the Core and Special Requirements contained in section 1.2 and 1.3 of Chapter 1, the hydrologic analysis methods contained in Chapter 3, the hydraulic analysis and design 3 r• 4 . criteria in Chapter 4, and the erosion/sedimentation control plan and practices contained in Chapter 5 of the current King County Surface Water Design Manual, except where amended or appended by the Department. B. Special Requirement#13: Aquifer Recharge and Protection Areas. 1. Threshold. , IF a proposed project lies within an Aquifer Recharge and/or Protection Area as defined and designed by City ordinance and as indicated on the Aquifer Recharge and Protection Map at the City permit counter. 2. Requirement. THEN the proposed project drainage review and engineering plans shall be prepared in accordance with the special requirements, methods of analysis and design standards that have been adopted for Aquifer Recharge and Protection Areas by City ordinance. C. Chapter 1 of the King County Surface Water Design Manual which has been incorporated in the Renton City Code by reference is hereby amended to read as follows: 1. Section 1.2.1 CORE REQUIREMENT # 1: DISCHARGE AT THE NATURAL LOCATION, as follows: Add at end of existing section: Requirements that apply within Zones.1 and 2 of an Aquifer Protection Area: Surface and storm water runoff from a proposed project that proposes to construct new, or modify existing drainage facilities must be discharged at the natural location so as not to be diverted onto, or away from, the adjacent downstream property, except that surface and storm runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals should be discharged at the location and in the manner which will provide the most protection to the aquifer, as directed and approved by the Storm Water Utility and the Water Utility. 4 Discharge from the project must produce no significant adverse impact to the downhill property. Where no conveyance system exists at the adjacent downstream property line or other acceptable location and the discharge was previously unconcentrated flow, the runoff must: a. Be conveyed across the downstream properties to an acceptable discharge point (see Core Requirement #2: OFFSITE ANALYSIS in Section 1.2.2), with drainage easements secured from the downstream owners and recorded at the King County Office of Records and Elections prior to drainage plan approval, OR b. Be discharged onto a rock pad shaped in a manner so as to disperse flow (see Figure 4.3.51) if the runoff is less than 0.2 cfs peak runoff rate for the 100-year, 24-hour duration design storm event existing site conditions. 2. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT# 3: RUNOFF CONTROL, "Biofiltration,"as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: Proposed project runoff resulting from more than five thousand square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall not be treated prior to discharge from the project site by on-site biofiltration measures but shall instead be treated by a wetvault meeting the design criteria contained in Section 1.3.5 SPECIAL REQUIREMENT# 5: SPECIAL WATER QUALITY CONTROLS, and then a coalescing plate oil/water separator meeting the design criteria contained in Section 1.3.6 SPECIAL REQUIREMENT#6: COALESCING PLATE OIL WATER SEPARATORS. Note, storm detention (if needed) must occur prior to these water quality facilities, the water surface area and volume contained in the coalescing plate oil separator shall be creditable towards meeting the size requirement of the last cell in the upstream wetvault. Requirements for Zone 2 of an Aquifer Protection Area: Proposed project runoff resulting from more than five thousand square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall be treated prior to discharge from the project site by on-site biofiltration measures as described in Section 4.6.3 in Chapter 4 of the 5 ' King County Surface Water Design Manual. All biofiltration facilities must be lined using the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. The biofiltration design flow rate shall be based on the peak rate of runoff for the 2-year, 24-hour duration design storm event total precipitation. Note, biofiltration facilities installed following peak rate runoff control facilities may be sized to treat the allowable release rate (pre-developed) for the 2-year 24-hour duration design storm event for the peak rate runoff control facility. Biofiltration facilities installed prior to peak rate runoff control facilities shall be sized based on the developed conditions with the design flow rate being the peak rate of runoff resulting from the water quality design storm event as described in Section 1.3.5, Special Requirement #5: SPECIAL WATER QUALITY CONTROLS. 3. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT # 3 RUNOFF CONTROL, "Detention Facilities," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new detention ponds to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. 4. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT#3 RUNOFF CONTROL, "Runoff Control,"as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new detention ponds to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. 5. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT # 3: RUNOFF CONTROL, "Infiltration Facilities," as follows: 6 ;:yr. Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new infiltration facilities to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. 6. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.4 CORE REQUIREMENT # 4: CONVEYANCE SYSTEM, "(4) For new drainage ditches or channels,"as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: New drainage ditches or channels shall not be employed to convey the runoff resulting from impervious surface that is subject to vehicular use or storage of chemicals. Requirements for Zone 2 of an Aquifer Protection Area: New drainage ditches or channels shall only be employed when a pipe system is not feasible. New drainage ditches or channels shall be lined using the design criteria, and existing drainage ditches or channels reconstructed, to convey the peak runoff from the 25 year design storm using the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. and the Methods of Analysis described in Section 4.3.7 in Chapter 4 of the King County Surface Water Design Manual with a freeboard to overflow of 0.5 feet. In addition, new drainage ditches or channels must be demonstrated to convey the peak runoff from the 100-year design storm without overtopping. 7. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.4 CORE REQUIREMENT#4: CONVEYANCE SYSTEM, 'Composition,"as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: New conveyance systems shall be constructed in accordance with the Pipeline Requirements specified in Section 8-8-6.D of the Aquifer Protection Ordinance. Proposed projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or 7 storage of chemicals. I__ impervious surface shall be provided with the proper catch - basins and a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. Requirements for Zone 2 of an Aquifer Protection Area: Proposed projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or storage of chemicals. Said impervious surface shall be provided with the proper catch basins and a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. 8. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT # 5: SPECIAL WATER QUALITY CONTROLS as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area Threshold IF a proposed project will discharge runoff from more than five thousand square feet of impervious surface that will be subject to vehicular use or storage of chemicals. Requirement THEN a wetvault meeting the standards described above shall be employed to treat a project's runoff prior to treatment by the coalescing plate oil/water separator and discharge from the project site. New or existing retrofitted wetvaults and appurtenances shall meet the Pipeline Requirements specified in Section 8(E) of the Aquifer Protection Ordinance. 9. Amend: Chapter 1 of thc King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT#5: SPECIAL WATER QUALITY CONTROLS Requirements for Zone 2 of an Aquifer Protection Area: 8 Threshold IF a proposed project will construct more than one acre of impervious surface that will be subject to vehicular use or storage of chemicals and: a. Proposes direct discharge of runoff to a regional facility, receiving water, lake, wetland, or closed depression without on-site peak rate runoff control; OR b. The runoff from the project will discharge into a Type 1 or 2 stream, or Type 1 wetland, within one mile form the project site; OR c. An infiltration facility will be used to provide the peak rate runoff control for site sub-basin areas with more than one acre of new or existing impervious surface that will be subject to vehicular use or storage of chemicals. Requirement THEN a wetpond meeting the standards described above shall be employed to treat a project's runoff prior to discharge from the site. A wetvault or water quality swale, as described above, may be used when a wetpond is not feasible. 10. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT # 6: COALESCING PLATE OIL/WATER SEPARATORS as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: Threshold IF a proposed project will discharge runoff from more than five thousand square feet of impervious surface that will be subject to vehicular use or storage of chemicals... Requirement THEN a coalescing plate, or equivalent, oil/water separator (as described above) shall be employed to treat this runoff following wetvault treatment and storm detention and discharge from the project site. 9 SECTION IV. 5«iion 4-31-11.D of Chapter 31, Zoning Codc, of Title IV (Building' ' 1 • Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby deleted. SECTION V. Section 4-31-33.B.1 of Chapter 31, Zoning Code, of Title IV (Building Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended to read as follows: 4-31-33.B.1: For all development in the Manufacturing Park (M-P), Office Park (O- P), Public Use (P-1), and Business (B-1) Zones and the R-1-5, R 2, R-3 and R-4 Residential Zones, all development with the Valley Planning Area, and for all hazardous waste treatment and storage facilities. For all development in the Light Industrial (L-1) and Heavy Industrial (H-1) Zones that fall within Zone 1 or Zone 2 of an Aquifer Protection Area. �.Y •• - . _ • - • - _ - -- _ _ 2 6. AQUIFER PROTECTION AREA PERMIT✓ All permittccs, bcforc final .. ... .. - - • - . - • - -- - SECTION VI. Chapter 5, Business Licenses, of Title V (Finance and Business Regulations), of Ordinance No. 4620 entitled "Code of General Ordinances of the City of Renton"is hereby amended by adding the following section: 5-5-5: Requirements for Business License Applications within an Aquifer Protection Area: All applications for business licenses within a designated Aquifer Protection Area (Zones 1 and 2)shall be required to include an inventory of regulated substances to be used on site. This inventory shall be on a form provided by the City and include type, quantity 10 • and form of regulated substances. The Water Utility shall review these inventories prior to issuance of the business license. SECTION VII. Chapter 5, Sewers, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding the following section: 8-5-21: REQUIREMENTS THAT APPLY WITHIN ZONES 1 AND 2 OF AN AQUIFER PROTECTION AREA: For properties located in Zone 1 of an Aquifer Protection Area, additional requirements pertaining to sewers are specified in the following sections of the Aquifer Protection Ordinance (Ordinance No. ): Section 8-8-6.C, Wastewater Disposal Requirements; Section 8-8-6.D, Pipeline Requirements; and Section 8-8-6.E, Construction Activity Standards. For properties located in Zone 2 of an Aquifer Protection Area, additional requirements pertaining to sewers are specified in the following sections of the Aquifer Protection Ordinance (Ordinance No. ): Section 8-8-7.B, Review of Proposed Facilities; Section 8-8-7.C, Wastewater Disposal Requirements; Section 8-8-7.D, Pipeline Requirements; and Section 8-8-7.E, Construction Activity Standards; and Section 8-8-7.G, Potential to Degrade Groundwater. SECTION VIII. Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding the following Chapter: CHAPTER 8 AQUIFER PROTECTION SECTION: 8-8-1: Purpose and Intent 8-8-2: Definitions 8-8-3: Applicability 8-8-4: Provisions for Certain Regulated Substances Used in the Aquifer Protection Area 8-8-5: Aquifer Protection Areas and Zones 8-8-6: Regulations Which Apply Within Zone 1 of an APA 8-8-7: Regulations Which Apply Within Zonc 2 of an APA 8-8-8: Regulations for Existing Solid Waste Landfills 8-8-9: Aquifer Protection Area Permits 11 8-8-10: Operating Permit iditions 8-8-11:Regulated Substar,ccs Management Plan j' 8-8-12: Groundwater Monitoring Plan 8-8-13: Unauthorized Releases 8-8-14: Closure Permits and Permit Conditions 8-8-15: Enforcement 8-8-16: Notice of Violation 8-8-17: Injunctive Relief 8-8-18: Other Laws, Rules, and Regulations 8-8-19: Penalties 8-8-20:Administrative Rule 8-8-21: Modifications,Waivers, Alternatives,Tests 8-8-22:Appeals 8-8-23:Aquifer Protection Variance Procedures 8-8-24: Effective Date 8-8-25: Severability. 8-8-1: PURPOSE AND INTENT: A. PURPOSE. The purpose of this Ordinance is to protect aquifers used as potable water supply sources by the City of Renton from contamination by regulated substances. This Ordinance establishes regulations for land uses within Aquifer Protection Areas; construction, inspection and monitoring standards for new and existing regulated substance facilities; uniform standards for release reporting, emergency response, substance management planning, closure and abandonments, and enforcement; and permit procedures. B. INTENT. It is the intent of this Ordinance to provide a method: 1. To protect the groundwater resources of the City of Renton. 2. To provide a means of regulating specific land uses within Aquifer Protection Areas. 3. To provide a means of establishing safe construction practices for projects built within an Aquifer Protection Area. 4. To protect the City of Renton's drinking water supply from impacts by facilities that store, handle, treat, use, or produce substances that pose a hazard to groundwater quality. 5. To protect public health and the environment by implementing the State Environmental Policy Act(RCW 43.21.C). 6. The provisions of this Ordinance will be re-evaluated by the City Council after July 1, 1993 to determine whether the Ordinance is meeting the goal of effective aquifer protection. This review period will allow staff to compile and assess regulated substance data submitted in operating permit applications for Aquifer Protection Area Zone 1. 12 Cleanups, monitoring and/or studies undertaken iter supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency are established by State and Federal laws and are not covered by this Ordinance. The Generic Regulated Substances List attached and incorporated as Exhibit 1 to this Ordinance is provided for informational purposes. Persons that store, handle, treat, use, or produce a substance on the Generic Regulated Substances List may be storing, handling, using, or producing a Regulated Substance as defined by this Ordinance and, therefore, may be subject to the requirements of this Ordinance. In addition to the provisions of this Ordinance, all underground storage facilities shall meet all applicable provisions and requirements of Title VII, Chapter 2, Underground Storage and Secondary Containment Ordinance, of the Code of the City of Renton. In addition to the provisions of this Ordinance, all hazardous substance facilities and installations shall meet all applicable provisions'and requirements of Articles 80 of the Uniform Fire code, and City of Renton Ordinance No. 4186, Zoning Requirements for Hazardous Waste Treatment and Storage Facilities. 8-8-2: DEFINITIONS: A. ADMINISTRATOR shall mean the Administrator of the Department of Planning/Building/Public Works of the City of Renton, or any successor office with responsibility for management of the Public Properties within the City of Renton, or his/her designee. B. AQUIFER shall mean a groundwater-bearing geologic formation or formations that contain enough saturated permeable material to yield significant quantities of water to wells. C. AQUIFER PROTECTION AREA (APA) shall be the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City of Renton, as defined in Exhibit 2 to this Ordinance. D. AQUIFER PROTECTION AREA PERMIT shall mean an authorization by the Utility for a person to store, handle, treat, use or produce a regulated substance within an APA. The two types of permits that will be issued pursuant to this Ordinance are an Operating Permit and a Closure Permit. E. AQUIFER PROTECTION ZONES are zones of an APA designated to provide graduated levels of aquifer protection. Each APA may be subdivided into two aquifer protection zones: 1. Zone 1: The land area situated between a well or well field owned by the City of Renton and the 365-day groundwater travel time contour. 2. Zone 2: The land area situated between the 365 day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City of Renton. 3. Protected APA designated Zone 2: If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata, the City of Renton may choose not to subdivide an APA into two zones. In such a case, the entire APA will be designated as Zone 2. 13 • F. CONSTRUCTION ACTIVITY means construction and all activities associated with ` construction, to include, but not be limited to, mining; grading; landfilling; excavating; and repair and maintenance of structures, equipment, and other appurtenances. G. CONTAINMENT DEVICE means a device that is designed to contain an unauthorized release, retain it for cleanup, and prevent released materials from penetrating into the ground. H. EPA shall mean the United States Environmental Protection Agency. I. FACILITY means all contiguous land within an APA, structures, other appurte- nances, and improvements on the land wherein regulated substances are stored, handled, treated, used, or produced in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. Pipelines including storm and sanitary sewers, interstate freeways, state highways, arterials, and railroads are facilities for purposes of construction standards and operations review only, are not prohibited in Zone 1, and do not require an Aquifer Protection Area Operating Permit. These facilities may, however, be subject to special requirements that are supportive of aquifer protection, contained in relevant sections of the City code, and applied during the construction standards and operations review process. J. GROUNDWATER means water below the land surface in the zone of saturation. K. GROUNDWATER MONITORING PLAN shall mean a plan containing procedures to be followed to assess groundwater quality for concentrations of those chemicals identified in the operating permit. L. GROUNDWATER MONITORING WELL means a small- diameter well installed for purposes of sampling and monitoring groundwater. M. HAZARDOUS WASTE TREATMENT, STORAGE,AND DISPOSAL FACILITY means any facility regulated pursuant to 40 CFR 264 or 265, or WAC 173-303-280 through WAC 173-303-670. N. OPERATOR means any person in control of, or having responsibility for, the daily operation of a facility. O. OWNER may include a duly authorized agent or attorney, a purchaser, devisee, fiduciary, and/or a person having vested or contingent interest in the property and/or facility in question. P. PERSON shall mean any person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, owner, lessee, tenant, or any other entity whatsoever or any combination of such, jointly or severally. Q. PIPELINE shall mean buried pipe systems (including all pipe, pipe joints, fittings, valves, manholes, sumps, and appurtenances that are in contact with the substance being transported) utilized for the conveyance of regulated substances. Pipelines include, but are not limited to, sanitary sewers, side sewers, storm sewers, leachate pipelines, and product pipelines. 14 R. POTABLE WATER shall mean water that is satisfactory for drinking, culinary, and domestic purposes meeting current county, state, and federal drinking water standards. S. REGULATED SUBSTANCES shall mean any flammable liquids, combustible liquids, hazardous materials, and other substances, which are more particularly defined as: 1. FLAMMABLE LIQUID is any liquid having a flash point below 100 degrees F and having a vapor pressure not exceeding 40 pounds per square inch (absolute)at 100 degrees F. 2. COMBUSTIBLE LIQUID is a liquid having a flash point at or above 100 degrees F. 3. HAZARDOUS MATERIALS shall include such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hyperbolic materials, and pyrophoric materials as defined in Article 9 of the Uniform Fire Code and any substance or mixture of substances which is an irritant or a strong sensitizer or which generates pressure through exposure to heat, decomposition, or other means. 4. OTHER SUBSTANCES shall mean: a. A Hazardous Substance as defined by Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or (1)any substance designated pursuant to Section 311(b) (2) (A) of the Clean Water Act (CWA); (2) any element, compound, mixture, solution, or substance designated pursuant to Section 102 of CERCLA; (3)any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not including any waste, the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress); (4)any toxic pollutant listed under Section 307 (a) of the CWA; and (5) any imminently hazardous chemical substance or mixture with respect to which EPA has taken action pursuant to Section 7 of the Toxic Substances Control Act. b. Hazardous Substances that include any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090, 173-303-101, 173-303-102, or 173-303-103. c. Hazardous Waste as designated in WAC 173-303 as dangerous or extremely hazardous waste. d. Any material that may degrade groundwater quality when improperly used, stored, disposed of, or otherwise mismanaged. T. REGULATED SUBSTANCES MANAGEMENT PLAN shall mean a plan containing procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a regulated substance. U. SOLID WASTE shall be defined as per Chapter 173-304 WAC, Minimal Functional Standards for Solid Waste Handling,WAC 173-304-100(73). 15 V. UNAUTHORIZED RELEASE means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a regulated substance in a quantity greater than 1 gallon (5 pounds)per incident from a facility into a containment system, into the air, into groundwater, surface water, surface soils or subsurface soils. Unauthorized release does not include: intentional withdrawals of regulated substances for the purpose of legitimate sale, use, or disposal; and discharges permitted under federal, state, or local law. W. UNDERGROUND STORAGE FACILITY shall be defined as in City of Renton Ordinance No. 4147, Underground Storage Tank Secondary Containment Ordinance, Section 71204 (T). X. UNDERLYING PERMITS shall mean permits required by the City of Renton, including but not limited to building permits; conditional use permits; mining, excavation, and fill and grade permits; shoreline development permits; site plan reviews; variance rezones; planned unit developments; and subdivision, short subdivision, and land use permits. Y. UTILITY shall mean the City of Renton Water Utility. Z. UTILITY STANDARDS shall mean standard design and construction practices adopted by the Utility. AA. WELL FIELD shall mean an area which contains one or more wells for obtaining a potable water supply. BB. WELL shall mean a pit or hole dug into the earth to reach an aquifer. 8-8-3: APPLICABILITY: A. Persons who own and/or operate one or more facilities in an Aquifer Protection Area (APA) shall comply with this Ordinance except as preempted by federal or state law. If the operator of the facility is not the owner, then the owner shall enter into a written contract with the operator requiring the operator to comply with this Ordinance. Execution of this contract between the owner and operator shall not absolve the owner of the legal responsibility for compliance. Any person who owns or operates more than one facility in a single Zone of the APA shall have the option of obtaining one permit for all operations if the operations at each facility are similar and the permit requirements under this Ordinance are applicable to each facility individually. B. The effective date for permit applications is January 1, 1993. C. Within six (6) months of the effective date for permit applications, all existing facilities located in Zone 1 of an APA must file an APA Operating Permit, Closure Permit, or relocation application with the Utility. D. Within one (1)year of the effective date for permit applications, all existing facilities located in Zone 2 of an APA must file an APA Operating Permit or Closure Permit application with the Utility. Within two (2) years of this effective date, all existing facilities located in Zone 2 of an APA must comply with the permitting requirements of this Ordinance including construction, containment, monitoring, and inspection, and must have an approved Regulated Substances Management Plan. 16 • E. All proposals for new facilities within any Zone of an Aquifer Protection Area must be reviewed for compliance with this Ordinance including obtaining an Operating permit pursuant to this Ordinance, prior to issuance of any underlying permits. F. All owners and/or operators of facilities which store, handle, treated, use, or produce regulated substances or have done so in the past, must comply with the permit requirements, release reporting requirements, and closure requirements as set forth in this Ordinance. G. All Aquifer Protection Area operating permits must be renewed by the Utility on an annual basis. H. Exemptions: 1. The storage and handling of regulated substances for resale in their original unopened containers of five (5)gallons or twenty-five (25)pounds or less shall be exempt from the permit requirements of this Ordinance. 2. De Minimus Usage of Regulated Substances: Facilities that use, store, or handle regulated substances in quantities of five (5)gallons or twenty-five (25) pounds or less of any one regulated substance, and in aggregate quantities of twenty (20)gallons or one-hundred (100) pounds or less of all regulated substances, shall be exempt from the permit requirements of this Ordinance. Where regulated substances are dissolved in or mixed with other non- regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this ordinance. 3. Single family residences and other strictly residential uses are exempt from the permit requirements of this Ordinance provided that no home business (as defined by Title 4, Chapter 31 of the Code of the City of Renton) is operated on the premises. 4. Fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle shall be exempt from the permit requirements of this Ordinance. 5. Existing heating systems using fuel oil are exempt from the requirements of this Ordinance. 6. If the Utility determines that an existing or proposed activity, that is exempt from the permit requirements of this Ordinance pursuant to this section, has a significant or substantial potential to degrade groundwater quality, then the Utility may classify that activity as a facility as defined by this Ordinance, and therefore require that facility to comply with the permit requirements of this Ordinance. Such determinations will be based upon site-specific data and shall be eligible for appeal pursuant to Section 8-8-22 of this Ordinance. 7. Public interest emergency use and storage of regulated substances by governmental organizations is exempt from the permit requirements of this Ordinance. 8. Regulated substances used by the City of Renton in water treatment processes are exempt from the permit requirements of this Ordinance. 17 . 9. Fueling of equipment not licensed for street use is exempt from the permit requirements of this Ordinance, provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent leakage. 10. Regulated substances contained in properly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part of routine use are exempt from the permit requirements of this ordinance. 8-8-4: PROVISIONS FOR CERTAIN REGULATED SUBSTANCES USED IN THE AQUIFER PROTECTION AREA: A. The application of regulated substances such as pesticides, herbicides, and fungicides in recreational, agricultural, pest control, and weed control activities, and in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance, shall be allowed in an APA provided that: 1. The application is in strict conformity with the use requirements as set forth by the EPA and as indicated on the containers in which the substances are sold. 2. Applicators of these regulated substances apply for a Modified Aquifer Protection Area Operating Permit. B. The application of fertilizers containing nitrates, and in quantities greater than the de minimis amounts specified in Section 8-8-3-H.2 of this Ordinance, shall be allowed in an APA provided that: 1. No application of nitrate-containing materials shall exceed one-half (0.5)pound of nitrogen per thousand square feet per single application or a total yearly application of five (5)pounds of nitrogen per thousand square feet; except that an approved slow-release nitrogen may be applied in quantities of up to nine-tenths (0.9) pound of nitrogen per thousand square- feet per single application or eight (8)pounds of nitrogen per thousand square feet per year; and 2. Applicators of these regulated substances apply for a Modified Aquifer Protection Area Operating Permit. C. Storage of regulated substances described in Section 8.8-4.A above, in quantities greater than the de minimus amounts specified in Section 8-8-3.H.2 of this Ordinance shall be subject to the full Aquifer Protection Area Operating Permit requirements specified in the Ordinance. 8-8-5: AQUIFER PROTECTION AREAS AND ZONES: A. The locations of Aquifer Protection Areas (APA) in the City of Renton are defined in Exhibit 2 to this Ordinance. Aquifer Protection Area Maps are on file with the City Clerk, the Department of Planning/Building/Public Works, and the Renton Fire Department. Exhibit 3 contains the legal description of the APA. B. Determination of location within a Zone of an Aquifer Protection Area: In determining the location of facilities within the zones defined by Exhibit 2, the following rule shall apply. 18 1. Facilities located wholly within an APA zone shall be governed by the restrictions applicable to that zone. 2. Facilities having parts lying within more than one zone of an APA shall be governed as follows: each part of the facility shall be reviewed and regulated by the requirements set forth in this Ordinance for the zone in which that part of the facility is actually located. 3. Facilities having parts lying both in and out of an APA shall be governed as follows: a. That portion which is within an APA shall be governed by the applicable restrictions in this ordinance, and b. That portion which is not in an APA shall not be governed by this ordinance. C. The Aquifer Protection Area which is identified herein is designated as an Environmentally Sensitive Area pursuant to the State Environmental Policy Act, WAC 197-11-908, and Title IV, Chapter 7, Section 4-2828 of the City Code. The following SEPA categorical exemptions shall not apply within said area: WAC 197- 11-800: (1), (2) c through g, (3), (5), 6(a), 14(c), (24) c, e, f, (25) h; and Chapter 7, Section 4-2826 of this Code. 8-8-6: REGULATIONS WHICH APPLY WITHIN ZONE 1 OF AN APA: A. REMOVAL OF EXISTING FACILITIES. Optional Additional Language: 1. Ten (10) years after the effective date of this ordinance, the storage, handling, use, treatment or production of any regulated substance in quantities greater than the de minimus amounts specified in Section 8-8- 3.H2 of this Ordinance at existing facilities shall not be allowed within Zone 1 of an APA. 1. Existing facilities located in Zone 1 of an APA and using, storing or producing regulated substances over the de minimis quantity must apply for an operating permit, closure permit or relocation assistance within 6 months of the effective date for permit applications. 2. The City is offering relocation incentives to facilities in Zone 1 of an APA that use, store or produce regulated substances and who wish to relocate outside of Zone 1 to include: a. Waiver of Special Utility Connection Charges fees if relocation is within the City of Renton limits and occurs within 5 years of the effective date for permit applications. b. In the first year following the effective date for permit applications, the City shall pay 60% of documented relocation expenses up to $60,000; in the second year following the effective date for permit applications, the City shall pay 50% of documented relocation expenses up to $25,000; in the third year following the effective date for permit applications, the City shall pay 40% of documented relocation expenses up to 19 $1 0; in the fourth year the 1 shall pay 30% of documented relocation expenses up to 45,000. Payment shall' - be made only if relocation is within the City limits of Renton. c. Timing of payment of relocation expenses and completion of other specific requirements shall be made according to the administrative rule to be adopted by the Administrator. To be eligible for a specific years reimbursement schedule, relocation must be completed within 18 months of the start of each year. 3. Once a facility in Zone 1 is dosed, relocated, or the use of regulated substances is terminated, reinstatement of the use of regulated substances on the site in quantities greater than de=ninitnis quantities shall be prohibited. 4. Closure of a facility or termination of any or all facility activities shall be conducted in accordance with the closure requirements (Section 8-8-14) of this Ordinance. B. REVIEW OF PROPOSED ACTIVITIES. 1. Within Zone 1 of an APA, no changes in land use and no construction activities shall be allowed unless a finding is made by the Utility that the proposal will not impact the long term, short term or cumulative quantity or quality of the aquifer. The finding shall be based on the present or past activities conducted at the facility; regulated substances stored, handled, treated, used or produced; and the potential for the activities or regulated substances to degrade groundwater quality. 2. Changes in land use and types of new facilities which are prohibited within Zone 1 of an APA include, but are not limited to: any use in which regulated substances are used, stored, treated, or handled; or which produces moderate risk waste, hazardous waste, and/or dangerous waste. The use of regulated substances in de minimus quantities as defined in Section 8-8-3.H.2 of this Ordinance shall be exempt from this provision. The conversion of heatingsystems to fuel oil or the installation of new fuel oil 13. heating systems in Zone 1 of the APA after the effective date of this Ordinance is prohibited. 4. The following specific changes in land use and types of new facilities will be prohibited within Zone 1 of an APA: surface impoundments (as defined in WAC 173-303 and 304); waste piles (as defined in WAC 173-303 and 304); hazardous waste treatment, storage, and disposal facilities; all types of landfills including solid waste landfills; transfer stations; septic systems; recycling facilities that handle regulated substances; underground storage facilities; and petroleum product pipelines. 5. All applications for changes in land uses and for all underlying permits in Zone 1 of the APA must be reviewed for compliance with this Ordinance. The focus of review for all permits will be on the substances that will be stored, handled, treated, used or produced; and the potential for these substances to degrade groundwater quality. All permits required pursuant to this Ordinance must be issued prior to or concurrent with the issuance of permits for construction activities or underlying permits for these activities. 20 6. All proposals for changes in land use or for construction activities shall be subject to site plan review pursuant to Title 1V, Chapter 31, Section 4-31-33. 7. In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the quantities of regulated substances stored, handled, treated,used, or produced in excess of quantities reported in the initial Aquifer Protection Area Operating Permit unless granted a special permit. C. WAS IEWATER DISPOSAL REQUIREMENTS. 1. New developments (residential and non-residential) shall, as a condition of the building permit, be required to connect to a central sanitary sewer system prior to occupancy. 2. Existing developments (residential and non-residential) may be required to connect to a central sewer system as a requirement of any Building Permit issued after the effective date of this ordinance for the property. Optional Additional Language: 3. All existing developments (residential and non-residential) which are within 330 feet of an existing gravity sanitary sewer with capacity shall be required to connect within two years of the passage of this ordinance. All existing developments (residential and non-residential) which are located within 330 feet of a new gravity sanitary sewer line with capacity shall be required to connect within two years of the availability of the new sewer line. D. PIPELINE REQUIREMENTS. 1. All new and existing pipelines in Zone 1 shall be constructed or repaired in accordance with material specifications contained in Exhibit 4. All existing product pipelines in Zone 1 shall be repaired and maintained in accordance with best management practices and best available technology. 2. All new pipelines constructed in Zone 1 shall be tested for leakage in conformance with this paragraph prior to being placed into service. Pipeline leakage testing shall be conducted in accordance with best available technology, to the satisfaction of the Utility. Pipeline leakage testing methods shall be submitted to the Utility for review prior to testing and shall include: a detailed description of the testing methods and technical assumptions; accuracy and precision of the test; proposed testing durations, pressures, and lengths of pipeline to be tested; and scale drawings of the pipeline(s) to be tested. Upon completion of testing, pipeline leakage testing results shall be submitted to the Utility and shall include: record of testing durations, pressures, and lengths of pipeline tested; and weather conditions at the time of testing. Routine leakage testing of new pipelines constructed in Zone 1 may be required by the Utility. 3. If the Utility has reason to believe that the operation or proposed operation of an existing pipeline in Zone 1 of an APA may degrade groundwater 21. quality, th tility may require: leakage testing he existing pipeline in accordanc_ _.'ith paragraph 2 of this subsection; and installation, sampling,. . and sample analysis of monitoring wells. Routine leakage testing of existing pipelines in Zone 1 may be required by the Utility. Criteria for this determination is specified under Section 8-8-7.G.2 of this ordinance. 4. Should pipeline leakage testing reveal any leakage at any level then the Utility shall require immediate repairs to the pipeline to the satisfaction of the Utility such that no infiltration of water into the pipeline or exfiltration of substances conveyed in the pipeline shall occur. Any repairs which are made shall be tested for leakage pursuant to paragraph 2 of this subsection. E. CONSTRUCTION ACTIVITY STANDARDS. The following standards will be followed for any construction activity which shall be undertaken within Zone 1 of an APA and shall be included as conditions of any underlying permit. These standards shall apply to the storage, handling, treatment, use, or production of regulated substances in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. 1. No temporary storage of regulated substances on-site shall be permitted unless it can be demonstrated that no other feasible site alternative exists. The feasibility determination shall be made based on avoiding the probable threat to the aquifer balanced against unreasonable or excessive expense and extreme impracticality, not inconvenience. Should regulated substance storage be permitted, then such storage shall be limited to a period not to exceed five (5) consecutive weekdays or longer if security or project personnel are on site. In any case, temporary regulated substance storage shall be limited to a maximum of fifteen(15) days. 2. The underlying permit shall specify those regulated substances to be used and/or temporarily stored on-site. These substances shall be limited to the absolute minimum quantity required to accomplish the specific task. 3. All regulated substances stored temporarily on-site shall be secondarily contained within leak-proof structures (liners, vaults, paved areas with curbing, etc.). The location of temporary storage must be specified on the building plans or site plans with a copy to the Renton Fire Department and Utility. 4. The construction activity staging area shall be located in Zone 1 of an APA only if no feasible site exists outside Zone 1. The staging area shall be limited to the minimum area absolutely required. The staging area must be specified on the approved building or site plans. 5. The use of petroleum products on site shall be limited during construction activities to that amount which is necessarily required. 6. All refueling 'of equipment shall take place outside of Zone 1 if feasible. If such refueling is not feasible, then the refueling area must be covered with a leak-proof membrane surrounded by temporary retaining walls. 7. All equipment directly associated with performance of the construction activity shall be "bibbed" to contain leakage of petroleum products. Bibs shall be drained and cleaned a minimum of once each day. Any such equipment 22 • which is known to be leaking petroleum products, including fuel or hydraulic fluid, shall be prohibited on the site. 8. The contractor shall comply with all applicable laws relating to disposal of hazardous substances and shall be contractually responsible for ensuring that all subcontractors comply as well. F. REQUIREMENTS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING FACILITIES. The following conditions will be required as part of any Operating Permit issued in Zone 1 of an APA. These conditions must be met within two (2) years of the effective date for permit applications. 1. Containment: Every owner/operator of a facility shall provide containment devices adequate in size to contain on-site any unauthorized release of regulated substances from any area where these substances are either stored, handled, treated, used, or produced. Containment devices shall prevent such substances from penetrating into the ground. This provision also applies to releases that may mix with storm runoff. Design requirements for containment devices are as follows: a. The containment device shall be large enough to contain 110 (one hundred ten) percent of the volume of the container in cases where a single container is used to store, handle, treat, use, or produce a regulated substance. In cases where multiple containers are used, the containment device shall be large enough to contain 150 percent of the volume of the largest container or 10 percent of the aggregate volume of all containers,whichever is greater. b. All containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any regulated substance. If coatings are used to provide chemical resistance for containment devices, they shall also be resistant to the expected abrasion and impact conditions. Containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release. c. If the containment device is open to rainfall, then it shall be able to accommodate the volume of precipitation that could enter the containment device during a 24-hour, 100-year storm, in addition to the volume of the regulated substance storage required in Sub- section 2a above. d. Containment devices shall be constructed so that a collection system can be installed to accumulate, temporarily store, permit detection of the presence of, and permit removal of any storm runoff or regulated substance. e. Containment devices shall include monitoring procedures or technology capable of detecting the presence of a regulated substance within 24 hours following a release. 23 f. The following shall be prohibited within any areas used for containment of regulated substances: floor drains, catchbasins, or other conveyance piping that does not discharge into a containment device that meets the requirements of this ordinance. Any existing conveyance piping that is prohibited by this paragraph shall be abandoned by sealing and decommissioning using procedures and designs approved by the Water Utility. 2. Regulated Substance Monitoring Requirements for Existing Facilities a. The owners or operators of all existing facilities shall implement regulated substances monitoring as part of the Regulated Substances Management Plan required by Section 8-8-11 of this Ordinance. b. All regulated substance monitoring activities shall include the following: (1). A written routine monitoring procedure which includes, when applicable: the frequency of performing the monitoring method, the methods and equipment to be used for performing the monitoring, the locations(s) from which the monitoring will be performed, the name(s) or titles(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment, and the reporting format. (2). Written records of all monitoring performed shall be maintained on-site by the operator for a period of 3 years from the date the monitoring was performed. The Utility may require the submittal of the monitoring records or a summary at a frequency that the Utility may establish. The written records of all monitoring performed in the past 3 years shall be shown to the Utility upon demand during any site inspection. Monitoring records shall include but not be limited to: i. The date and time of all monitoring or sampling; ii. Monitoring equipment calibration and maintenance records; iii. The results of any visual observations; iv. The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets; v. The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test results; and vi. The•results of inventory readings and reconciliations. (3) Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually monitor. c. For facilities located in Zone 1 of an APA, on every day of operation, a responsible person designated by the permittee shall check for breakage or leakage of any container holding regulated substances. Electronic sensing devices approved by the Water Utility may be 24 employed as part of the inspection process, provided that the system is checked daily for malfunctions. 3. Emergency Collection Devices. For facilities located in Zone 1 of an APA, vacuum suction devices, absorbent scavenger materials, or other devices approved by the Water Utility shall be present on site (or available within an hour by contract with a cleanup company approved by the Water Utility), in sufficient quantity to control and collect the total quantity of regulated substances plus absorbent materiaL The presence of such emergency collection devices and/or cleanup contract are the responsibility and at the expense of the owner/operator, and shall be documented in the Operating Permit. 4. Inspection of Containment and Emergency Equipment. For facilities located in Zone 1 of an APA, owners/operators shall establish procedures for monthly in-house inspection and routine maintenance of containment and emergency equipment. Such procedures shall be in writing; a regular checklist and schedule of maintenance activity shall be established, and a log shall be kept of inspections and maintenance activities. Such logs and records shall be made available at all reasonable times to the Water Utility for (Yamination. 5. Inventory of Regulated Substances. For facilities located in Zone 1 of an APA, owners/operators of all facilities shall keep and maintain an inventory of all regulated substances on site to include recording of all purchases, sales and use. This inventory shall be kept on site for a period of at least three years from the date the inventory was recorded and made available to the Water Utility at all reasonable times for inspection. 6. Employee Training. Operators of all facilities in Zone 1 shall schedule training for all employees twice per year to explain the conditions of the Operating Permit such as emergency response procedures, monitoring and reporting requirements, record keeping requirements, and the types and quantities of regulated substances on site. These training sessions will be documented and recorded and the names of those in attendance will be recorded. These records shall be made available at all reasonable times to the Water Utility for inspection. 7. Additional Operating Permit Requirements for Zone 1: By the fifth year following the effective date for permit applications, owners and/or operators shall complete the following: a. Groundwater Monitoring: For facilities located in Zone 1 of an APA, an owner/operator of a facility may, at its own expense, be required to install one or more groundwater monitoring wells as determined by and in a manner approved by the Utility. Criteria used to determine the need for monitoring wells shall include but not be limited to the proximity of the facility to the City's production or monitoring wells, 25 the type and quantity of regulated substances on site, and whether or not the regulated substances are stored in underground vessels. Every owner required to install monitoring wells shall, at its own expense, sample groundwater in each monitoring well within thirty (30)days of completing well construction and semiannually thereafter, and obtain independent analytical results of the presence and concentration of those chemicals identified by the Utility in the Operating Permit(including breakdown and transformation products). The analytical results shall be obtained through the use of the EPA- approved methods for water. The results shall be filed within 72 hours with the Utility. b. Site Improvements. (1) For facilities located in Zone 1 of an APA, the owner/operator shall pave all currently unpaved areas of their facilitythat are subject to any vehicular use or storage, use, handling, or production of regulated substances. (2) For facilities located in Zone 1 of an APA, the owner/operator shall evaluate and upgrade the existing stormwater collection and conveyance system to meet the ordinance requirements (Section 2 and Section 8-8-6.13). c. Capital Cost Reimbursement for Additional Operating Permit Requirements. The City shall pay 50% of documented capital costs up to $25,000 for required installation and construction of monitoring wells, site paving and stormwater improvements as required in Section 8-8-6.F.7.a. Payment by the City shall be made according to adopted administrative rules. 8-8-7: REGULATIONS WHICH APPLY WITHIN ZONE 2 OF AN APA: A. EXISTING FACILITIES. The storage, handling, treatment, use or production of regulated substances at existing facilities shall be allowed within Zone 2 of an APA upon compliance with the provisions of this Ordinance. B. REVIEW OF PROPOSED ACTIVITIES. 1. Section 8-8-6.B of this Ordinance, which pertains to review of proposed facilities in Zone 1 of an APA, also applies to Zone 2 of an APA. • 2. The conversion of heating systems to fuel oil or the installation of new fuel oil heating systems in Zone 2 of the APA after the effective date of this Ordinance is prohibited. 3. The following specific changes in land use and types of new facilities will be prohibited within Zone 2 of an APA: hazardous waste surface impound- ments; waste piles (as defined in WAC 173-303 and 304); recycling facilities 26 that handle regulated substances; hazardous waste treatment and storage facilities; solid waste Inndfilis; transfer stations; septic systems; and petroleum product pipelines. C. WASTEWATER DISPOSAL REQUIREMENTS. 1. New developments (residential and non-residential) shall, as a condition of the building permit, be required to connect to a central sanitary sewer system prior to occupancy. • • 2. Sanitary sewers shall be constructed in accordance with prevailing American Public Works Association (APWA) standards with respect to minimum allowable infiltration and exfiltration. D. PIPELINE REQUIREMENTS. • If the Utility has reason to believe that the operation or proposed operation of an existing pipeline in Zone 2 of an APA may degrade groundwater quality, the Utility may require: leakage testing in accordance with Section 8-8-6.D.2 of this Ordinance; installation, sampling, and sample analysis of groundwater monitoring wells; repair of the pipeline to the satisfaction of the Utility such that degradation of groundwater quality is minimized or eliminated. Criteria for this determination is specified under Section 8-8-7.G.2 of this ordinance. E. CONSTRUCTION ACTIVITY STANDARDS. Standards to be followed for any construction activity which shall be undertaken within Zone 2 of an APA for nny underlying permit issued for the project shall be as specified for Zone 1 of an APA in Section 8-8-6.E of this Ordinance. F. REQUIREMENTS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING AND NEW FACILITIES. Permit.requirements as part of any permit issued in Zone 2 of an APA shall be as specified for Zone 1 of an APA in Section 8-8-6.F.1 and 2 of this Ordinance. G. POTENTIAL TO DEGRADE GROUNDWATER. 27 • 1. If the Utility determines that an existing or proposed facility located in Zone 2 of an APA has a potential to degrade groundwater quality which equals or exceeds that of a permitted facility in Zone 1, then the Utility may require that facility to fully comply with Section 8-8-6 of this Ordinance. 2. Criteria used to make this determination shall include but not be limited to the present and past activities conducted at the facility; types and quantities of regulated substances stored, handled, treated, used or produced; the potential for the activities or regulated substances to degrade groundwater quality; history of spills at the site, and presence of contamination on site. 3. Such determinations shall be subject to appeal pursuant to Section 8-8-22 of this Ordinance. 8-8-8: REGULATIONS FOR EXISTING SOLID WASTE LANDFILLS: A. The Utility shall have the authority to inspect and screen any excavated dirt, soil or other material prior to placement in a solid waste landfill if the material is suspected of containing contaminants at levels which may impact groundwater quality. The Utility may require the owner to conduct a sampling program to determine if contaminants are present in materials prior to landfilling. B. The Utility shall require an owner of a solid waste landfill to submit a groundwater monitoring program. The program shall include: 1. Number, locations and depths of monitoring wells to be installed; and 2. Monitoring well drilling and construction methods; and 3. Groundwater sample collection, shipment and handling procedures, including the frequency of sampling; and 4. List of constituents to be analyzed, including test methods; and 5. Procedure for measuring groundwater elevation; and 6. A statistical procedure for determining whether a significant change over background has occurred; and 7. A procedure for regular reporting of monitoring results to the Utility. 8-8-9: AQUIFER PROTECTION AREA PERMITS: A. No person, persons, corporation, or other legal entities shall install or operate a facility in an APA without first obtaining an Operating Permit from the Utility and a permit from the Department pursuant to the Uniform Fire Code, if required. B. The Utility shall not issue an Operating Permit for a facility unless adequate plans, specifications, test data, and/or other appropriate information has been submitted by the owner and/or operator showing that the proposed design and construction of the facility meets the intent and provisions of this Ordinance and will not impact the short term, long term or cumulative quantity or quality of groundwater. 28 C. No person, persons, corporation or other legal entity shall temporarily or permanently abandon a facility in an APA without complying with the requirements of Section 8-8-14 Closure Permits and Permit Conditions of this Ordinance. D. No person, persons, corporation or other legal entity shall close a facility without first obtaining a Closure Permit to do so from the Utility. The Utility shall not issue a permit to temporarily or permanently close a facility unless adequate plans and specifications and other appropriate information has been submitted by the applicant showing that the proposed closure meets the intent and provisions of this Ordinance. E. The application for Operating Permits pursuant to this Ordinance shall be made on a form provided by the City and shall be accompanied by the established fee, as described in Chapter 1, Title V, of Ordinance 4260. , 8-8-10: OPERATING PERMIT CONDITIONS: Specific conditions for Operating Permits issued to facilities in Zones 1 and 2 of an APA are described in Sections 8-8-6 and 8-8-7 of this Ordinance, respectively. The following general conditions shall be included as part of any Operating permit issued pursuant to this Ordinance: A. The Operating Permit application (for permits other than application of pesticides, herbicides, fungicides, or fertilizers containing nitrates) shall include at a minimum: 1. A list of the names and volumes of all regulated substances which are stored, handled, treated, used, or produced at the facility being permitted in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. 2. A list of the chemicals to be monitored through the analysis of groundwater samples if groundwater monitoring is anticipated to be required. 3. A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of regulated substances in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. 4. A description of the containment devices used to comply with the requirements of this Ordinance. 5. A proposed Regulated Substances Management Plan for the facility. 6. A description of the procedures for inspection and maintenance of containment devices. 7. A description of how regulated substances will be disposed. 8. A site map showing the location of the facility and its property boundaries and the locations where regulated substances in containers quantities greater than five (5) gallons or twenty-five (25) pounds in size are stored, handled, 29 treated, produced. The location of each containment device also• " should be identified on the site plan. B. Procedures for the in-house inspection and maintenance of containment devices and areas where regulated substances are stored, handled, treated, used, and produced shall be identified in the Operating permit for each facility. Such procedures shall be in writing, and a log shall be kept of all inspection and maintenance activities. Such logs shall be submitted to the Utility annually and shall be available for inspection. Inspection and maintenance logs shall be maintained on-site by the owner or operator for a period of at least 3 years from the date the monitoring was performed. C. The permittee shall report to the Utility within 15 days after any changes in a facility including: 1. The storage, handling, treatment, use, or processing of new regulated substances; 2. Changes in monitoring procedures; or 3. The replacement or repair of any part of a facility that is related to the regulated substance(s). D. The permittee shall report to the Utility any unauthorized release occurrence, within 24 hours of its detection, in accordance with Section 15 of this Ordinance. E. An Operating Permit, issued by the Utility, shall be effective for 1 year. The Utility shall not issue a permit to operate a facility until the Utility determines that the facility complies with the provisions of these regulations. If an inspection of the facility reveals noncompliance, then the Utility must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit. The facility owner shall apply to the Utility for permit renewal at least 60 days prior to the expiration of the permit. F. Operating Permits may be transferred to a new facility owner/operator if the new facility owner does not change any conditions of the permit, the transfer is registered with the Utility within 30 days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership. G. Within 30 days of receiving an inspection report from the Utility, the Operating Permit holder shall file with the Utility a plan and time schedule to implement any required modifications to the facility or to the monitoring plan needed to achieve compliance with the intent of this Ordinance or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Utility. H. Modified Operating Permits for the application of pesticides, herbicides, fungicides, or fertilizers containing nitrates(use provisions per Section 8-8-4 of this Ordinance)shall include the following: 1. A list of the names and chemical content of each regulated substance used for this purpose. 2. A description of the containment used in transport of the regulated substances to the site of application and the methods of application. 30 3. A Regulated Substances Management Plan that includes procedures for monitoring, cleanup,and disposal for leaks and spills of regulated substances. 4. Procedures for recording the date, amount, type, and location of regulated substances applied. Such records shall be kept up to date and be available for inspection at reasonable times by the Water Utility. 5. An annual modified Operating Permit covering all application operations of regulated substances by an applicator shall be obtained by the permittee. 8-8-11: REGULATED SUBSTANCES MANAGEMENT PLAN: A. A Regulated Substances Management Plan indicating procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a regulated substance shall be required as a condition of each Operating Permit. If a Spill Prevention Control and Countermeasure (SPCC) plan has been prepared in accordance with 40 CFR 264 or 265, a Regulated Substances Management Plan is not required as long as all of the regulated substances are included in the SPCC plan and the facility submits a copy to the Utility. B. The Regulated Substances Management Plan shall include: 1. Provisions to address the regulated substances monitoring requirements of Sections 9 and 10 of this Ordinance. 2. Provisions to address the pesticide, herbicide, fungicide, and fertilizer requirements of Section 8-8-4 of this Ordinance. 3. Provisions to train employees in the prevention, identification, reporting, control, disposal, and documentation of any unauthorized release of a regulated substance. 8-8-12: GROUNDWATER MONITORING PLAN: A. If a facility is required to install and monitor groundwater wells pursuant to Section 8-8-6.F.7.a then a Groundwater Monitoring Plan will be required. This plan must indicate procedures to be followed to assess groundwater quality for concentrations of those chemicals identified by the Utility in the Operating Permit. If a groundwater monitoring program is in effect per the requirements of 40 CFR 264 or 265, and this program includes all of the chemicals identified in the Operating Permit, then a separate Groundwater Monitoring Plan is not required by the Utility and the facility shall submit a copy of this program to the Utility. B. The Groundwater Monitoring Plan shall include provisions to address the groundwater monitoring requirements of Section 8-8-6.F.7.a and Section 8-8-13.D of this Ordinance. 8-8-13:UNAUTHORIZED RELEASES: A. General Provisions 31 All unauthorized i tses as defined in Section 8-8-2.V. shall be reported to the Utility'' " according to the provisions of this subsection. All unauthorized releases shall be recorded in the owner's inspection and maintenance log. Such an unauthorized release shall be determined to be an "unauthorized release requiring recording" if the release is completely captured by the containment device. If the containment device fails to contain the entire release, the release shall be determined to be an "unauthorized release requiring reporting." B. Unauthorized Releases Requiring Recording 1. Unauthorized releases requiring recording shall be reported to the Utility within 3 days after the release has been detected. 2. The incident report shall be accompanied by a written record including the following information: a. List of type, quantities, and concentration of regulated substances released. b. Method of cleanup. c. Method and location of disposal of the released regulated substances. d. Method of future release prevention or repair. If this involves a change in operation, monitoring, or management, the owner must apply for a new Operating Permit. e. Facility operator's name and telephone number. f. The approximate costs for cleanup to be submitted voluntarily. 3. The Utility shall review the information submitted pursuant to the report of an unauthorized release requiring recording, shall review the Operating Permit, and may inspect the facility. The Utility shall find that the containment standards of this ordinance can continue to be achieved, or the Utility shall revoke the permit until appropriate modifications are made to allow compliance with the standards. C. Unauthorized Releases Requiring Reporting 1. Unauthorized releases requiring reporting shall be reported to the Utility within 24 hours of discovery of the occurrence. 2. The report shall contain the following information that is known at the time of filing the report: a. List of type, quantity, and concentration of regulated substances released. b. The results of all investigations completed at that time to determine the extent of soil or groundwater or surface water contamination because of the release. c. Method of cleanup implemented to date, proposed cleanup actions and approximate cost of actions taken to date. 32 d. Method and location of disposal of the released regulated substance and any contaminated soils, groundwater, or surface water. e. Proposed method of repair or replacement of the containment device. f. Facility owner's name and telephone number. 3. Until cleanup is complete, as defined by the Model Toxics Control Act Cleanup Regulation (Chapter 173-340 WAC), the owner shall submit reports to the Utility every month or at a more frequent interval specified by the Utility. The reports shall include the information requested in this Ordinance. D. Semiannually, the Utility shall review all groundwater monitoring results submitted by owners in an APA to determine if an unauthorized release to groundwater has occurred. Either one of the following occurrences shall constitute an unauthorized release to groundwater: 1. A chemical concentration in an owner's monitoring well(s) that exceeds applicable legally-enforceable federal or state groundwater quality standards. 2. An upward trend in the concentration of a chemical as determined by a statistically based procedure. E. Upon confirmation of an unauthorized release to groundwater, the owner and/or operator shall be responsible for immediately accomplishing the following: 1. Locate and determine the source of the unauthorized release of the regulated substance(s). 2. Stop and prevent any further unauthorized release(s), if under the control of the owner and/or operator. 3. Comply with the requirements for an unauthorized release(s) requiring reporting. F. The owner shall not be subject to this mandatory action if the owner can present acceptable technical data that substantiate it is not responsible for the violation. In complying with this subsection, no new regulated substance(s)may be introduced in the place of the regulated substance(s)that caused the violation. G. If an unauthorized release creates or is expected to create an emergency situation with respect to the drinking water supply of the City of Renton, and if the facility owner fails to address the unauthorized release in a timely manner, the Utility or its authorized agents shall have the authority to implement removal or remedial actions. Such actions may include, but not be limited to, the prevention of further groundwater contamination; installation of groundwater monitoring wells; collection and laboratory testing of water, soil , and waste samples; and cleanup and disposal of regulated substances. The facility owner shall be responsible for any costs incurred by the Utility or its authorized agents in the conduct of such remedial actions. H. Reporting a release to the Utility does not exempt or preempt any other reporting requirements under federal, state, or local laws. 33 8-8-14: CLOSURE PER1V""1 AND PERMIT CONDITIONS: A. No person shall close or cause to be closed a facility regulated pursuant to this '' Ordinance without first obtaining a Closure Permit from the Utility and a permit from the Renton Fire Department pursuant to the Uniform Fire Code, if required. B. Closure Permits shall be required for all facilities that cease to store, handle, treat, use, or produce regulated substances for a period of more than 365 days or when the owner has no intent within the next year to store, handle, treat, use, or produce regulated substances. During the period of time between cessation of regulated substance storage, handling, treatment, use, or production, and actual completion of facility closure, the applicable containment and monitoring requirements of this Ordinance shall continue to apply. C. Prior to closure, the facility owner shall submit to the Utility a proposal describing how the owner intends to comply with closure requirements. Owners proposing to close a facility shall comply with the following requirements: 1. Regulated substances shall be removed from the facility, including residual liquids, solids, or sludges to levels specified in 173-340 WAC, Model Toxic Control Act Cleanup Regulation. 2. When a containment device is to be disposed of, the owner must document to the Utility that proper disposal has been completed. 3. An owner of a containment device or any part of a containment device that is destined for reuse as scrap material shall identify this reuse to the Utility. D. The owner of a facility being closed shall demonstrate to the satisfaction of the Utility that no detectable unauthorized release has occurred or that unauthorized releases have been cleaned up (pursuant to the Model Toxics Control Act). This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or immediately after closure activities. E. If an unauthorized release is determined to have occurred, the facility owner shall comply with Section 16 of this Ordinance. F. Facility closure will be accepted as complete by the Utility upon implementation of the Closure Permit conditions and compliance with all other provisions of this Ordinance. 8-8-15: ENFORCEMENT: A. The Utility shall be the administering agency and shall have the power and authority to administer and enforce the provisions of this Ordinance. The Utility shall have the right to conduct inspections of facilities at all reasonable times to determine compliance with this Ordinance. Noncompliance with the provisions of this Ordinance is a violation. All permitted facilities in an APA will be subject to a minimum of one inspection per year by a Water Utility inspector or designee. By the fifth year following the effective date for permit applications, all permitted facilities in Zone 1 of the Aquifer Protection Area will be subject to monthly 34 inspections by a Water Utility inspector or signee to determine Icompliance with the provisions of the Ordinance. B. The Utility may revoke any permit issued pursuant to this Ordinance if it finds that the permit holder: 1. Has failed or refused to comply with any one of the provisions of this Ordinance; 2. Has submitted false or inaccurate information in the permit application; 3. Has failed to submit operational reports of other information required by this Ordinance; or 4. Has refused lawful inspection pursuant to this Section. 5. Has had 4 or more releases requiring reporting, or 2 or more incidents that result in detectable contamination of groundwater (as measured in monitoring wells). The owner and/or operator shall be cited by the Water Utility and shall immediately stop the use of and remove from the site any regulated substances present in quantities greater than de minimis. Such facility shall apply for a closure permit as defined in Section 8-8-14 within 4 weeks of citation. Reinstatement of the use of regulated substances in quantities greater than de minimis shall be prohibited on site. 6. Has violated the intent of this ordinance by intentionally dumping, spilling, or otherwise releasing regulated substances within the APA. The owner and/or operator shall be cited by the Water Utility and have their APA operating permit revoked. Such facilities must stop the use of and remove from the site any regulated substances in quantities greater than de minimis, and apply for a APA closure permit within 4 weeks of citation. Reinstatement of the use of regulated substances in quantities greater than de minimis shall be prohibited on site. The decision as to whether there has been an intentional violation under this section shall be made by the Administrator of the Department of Building/Planning/Public Works or his or her designee. 8-8-16: NOTICE OF VIOLATION: Whenever it is determined that there is a violation of this Ordinance, the notice of violation issued shall: A. Be in writing; and B. Be dated and signed by the authorized City of Renton agent making the inspection; and C. Specify the violation or violations; and D. Specify the length of time available to correct the violation after receiving the notice of violation. 35 8-8-17: INJUNCTIVE RE:__ If any owner stores, handles, uses, or produces regulated substances without having obtained an Operating or Closure Permit as provided for herein or continues to operate in violation of the provisions of this Ordinance, then the City of Renton may file an action for injunctive relief in the Superior Court of the State of Washington for King County. All costs incurred for abatement by the City of Renton, including reasonable attorneys' fees, shall be paid by the owner operating without an Operating or Closure Permit or operating in violation of the provisions of this Ordinance or the permit. 8-8-18: OTHER LAWS,RULES,AND REGULATIONS: All owners within an APA must also comply with county, state, and federal laws, rules, and regulations related to the intent of this Ordinance. 8-8-19: PENALTIES: A. A violation of any of the provisions of this Ordinance shall constitute a misdemeanor and a nuisance. It shall be a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted. B. Any owner or operator who violates any provisions of this Ordinance shall be subject, upon conviction in court, to a fine not to exceed $500 per day per facility. C. In addition to any fines and penalties set forth above, the owner or operator shall reimburse the City of Renton, for all costs incurred as a result of responding to, containing, cleaning up, or monitoring the cleaning up and disposal of any spilled or leaked regulated substance. D. The names of all facilities and their owners/operators that have violated provisions of this Ordinance will be published in a local newspaper on an annual or more frequent basis. 8-8-20: ADMINISTRATIVE RULE: The Administrator shall adopt administrative rules for implementation that sets forth criteria relating to interpretation and enforcement of this Ordinance. 8-8-21: MODIFICATIONS,WAIVERS,ALTERNATIVES,TESTS: A. Modifications: Whenever there are practical difficulties involved in carrying out the provisions of this ordinance, the Department Administrator may grant minor modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, and that the minor modification is in conformity with the intent and purpose of this Code, and that such modification: 1. Will meet the objectives of environmental protection, safety, function, and maintainability intended by the Code requirements, based upon sound engineering judgment; and 36 2. Will not be injurious to other property(s)in the vicinity; B. Waivers: Requirements of this ordinance may be waived upon determination by the Department Administrator that all impacts to the aquifer would be mitigated and protective measures will meet or exceed the requirements of this ordinance. C. Alternates The provisions of this Code are not intended to prevent the use of any material or method of construction or aquifer protection not specifically prescribed by this Code, provided any alternate has been approved and its use authorized by the Department Administrator. The Department Administrator may approve any such alternate, provided s/he finds that the proposed design is satisfactory and complies with the provisions of this Code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in environmental protection, safety, and effectiveness. The Department Administrator shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be written and entered in the files of the Code enforcement agency. D. Tests: Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that any action does not conform to the requirements of this Code, the Department Administrator may require tests as proof of compliance to be made at no expense to this jurisdiction. Test methods shall be as specified this Code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Department Administrator shall determine test procedures. 8-8-22: APPEALS: A. Any decision of the City in the administration of this chapter, such as administrative determinations, modifications, may be appealed to the Hearing Examiner. Appeals may be filed pursuant to the process described in the Code of General Ordinances of City of Renton, Section 4-8-11. The Hearing Examiner shall give substantial weight to any discretionary decision of the City rendered pursuant to this Chapter. Any decision of the Hearing Examiner on variances may be appealed to Superior Court. B. The Hearing Examiner, in determining whether or not to grant a variance, shall consider the following factors: 1. If there is available a feasible and effective measure to protect the aquifer outside of this ordinance. 2. The extent of the problem being resolved by the ordinance. 37 3. The contribution of the land being regulated to the problem. 4. The degree to which the aquifer protection ordinance solves the problem presented by the proposal. 5. The amount and percentage of value lost by application of the ordinance. 6. The quality of the aquifer to be impacted. 7. The extent of remaining uses for the parcel. 8. The past, present and future uses of the property. 9. The extent to which the landowner could predict the effects of this ordinance on the property. 8-8-23:AQUIFER PROTECTION VARIANCE PROCEDURES: If an applicant feels that the strict application of this Chapter would deny all reasonable use of the property or would deny installation of public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public health, safety and welfare, the applicant of a development proposal may apply for a Variance. An application for a Variance shall be filed with the Department Administrator. Requirements for a Variance include an environmental review pursuant to (SEPA) Washington Administrative code 197-11-300 (SEPA). A Variance shall be decided by the Hearing Examiner based on the following standards set forth in this Section: A. The Hearing Examiner, in granting approval of a variance, must determine: 1. that the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to the subject property, including the size, shape topography, location or surroundings of the subject property, and the strict application of the code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and other identical zone classification; and 2. that the granting of the variance will not be materially detrimental to the public welfare or injurious to the water supply aquifer; and a. that no economically viable alternative with less impact on the aquifer is physically and/or legally possible; and b. that there is no feasible on-site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to the aquifer; and • c. that the proposed activities will not cause significant degradation of groundwater or surface-water quality; and d. that the applicant has taken deliberate measures to minimize aquifer impacts, including but not limited to the following: 38 • limiting the degree or magnitude of the regulated substance and activity; and • limiting the implementation of the regulated substance and activity; and • using appropriate and best available technology; and • taking affirmative steps to avoid or reduce impacts. e. that there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and f. that the inability to derive reasonable economic use of the property is not the result of actions by the applicant in creating an uneconomic business condition and use of the property after the effective date of this chapter. 3. that if government and quasi-governmental agencies are granted a variance under this section, they will meet the following additional conditions: a. competing public policies have been evaluated and it has been determined by the Department Administration that the public's health, safety, and welfare is best served; b. each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies; c. each facility must serve established, identified public needs; and d. no practical alternative exists to meet the needs. 4. that the approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose. 5. that in determining whether or not to grant a variance, the following factors have been considered: a. if there is an available, feasible, and effective measure to protect the aquifer outside of this ordinance; b. the extent of the problem being resolved by the ordinance; c. the amount and percentage of value lost by application of the ordinance; d. the extent of remaining uses for the parcel; e. the past, present, and future uses of the property; and f. the extent to which the landowner could predict the effects of this ordinance on the property. 39 . B. The Hearing Examiner may prescribe any conditions upon the variance deemed to be reasonably necessary and required to mitigate aquifer impacts. Any variance granted by the Hearing Examiner, unless otherwise specified in writing, shall become null and void in the event that the applicant or owner of the subject property for which a variance has been requested has failed to commence construction or otherwise implement effectively the variance granted within a period of two (2) years after such a variance has been issued. For proper cause shown, an applicant may petition the Hearing Examiner during the variance procedure, for an extension of the two (2) year period, specifying the reasons therefor. The time may be extended but not exceed one additional year in any event. Any variance granted by the Hearing Examiner shall expire pursuant to the provisions of Chapter 8, Title IV of the RMC. 8-8-24: i FFLCTIVE DATE: The effective date of this ordinance shall be 30 days after its enactment. 8-8-25: SEVERABIITTY: If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. SECTION XI. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. PASSED BY THE CITY COUNCIL this day of , 1992. Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of ,.1992. Earl H. Clymer, Mayor Approved as to form: Lawrence J. Warren,City Attorney Date of Publication: ORD.227:3/5/92:as. 40 FOR INFORMATIONAL USE ONLY EXHIBIT 1 Generic Regulated Substances List Where regulated substances are dissolved in or mixed with other non-regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this ordinance. Acid and basic cleaning solutions Antifreeze and coolants Arsenic and arsenic compounds Battery acid Bleaches, peroxides Brake and transmission fluids Brine solution Casting and foundry chemicals Caulking agents and sealants Cleaning solvents Cooling water(not isolated from process chemicals) Corrosion and rust prevention solutions Cutting fluids Degreasing solvents Deicing materials Disinfectants Dyes Electroplating solutions Engraving solutions Etching solutions Explosives Fertilizers Fire extinguishing chemicals Food processing wastes Formaldehyde Fuels and additives Glues, adhesives, and resins Greases Hydraulic fluid Indicators Industrial and commercial janitorial supplies Industrial sludges and stillbottoms Inks, printing, and photocopying chemicals 41 Laboratory chemicals Liquid storage batteries Medical, pharmaceutical, dental,veterinary, and hospital solutions Metal dusts Mercury and mercury compounds Metals finishing solutions Oils • Paints, pigments, primers, thinners, dyes, stains,wood preservatives, varnishing, and cleaning compounds Painting solvents PCBs Pesticides and herbicides Plastic resins, plasticizers, and catalysts Photo development chemicals Poisons Polishes Pool chemicals Processed dust and particulates Radioactive sources Reagents and standards Refrigerants Roofing chemicals and sealers Sanitizers, disinfectants, bactericides, and algaecides Soaps, detergents, and surfactants Solders and fluxes Stripping compounds Tanning industry chemicals Transformer and capacitor oils/fluids Water and wastewater treatment chemicals Wastewater treatment sludges 42 EXHIBIT 2 , �-_::_ = N. -.37:-.:-.::::-;;"::::::717S-::::::le_-- ( • V -...-. LAKE Li �� ______________ T OF R TON A4ROTECT0IN AREAS 1[%., - I' -::::_:-:-.1---:-:-:-:::::-:N-NiT.Igi4::.:. -::':,1:-..gelf M gigiT!.:CM. - - 21H:i:o v:iiiii::4 -___-___-_,-__-___-___-_,A.- - APA • i:. :iiir.mi:,..i:,::..-:-;:::;:. _-_________.________-__-__-__-_ . ,:i:::,,I:. ::.... ........ . .. .. ....,:fti:11:;:i:i:rill: ::,:*:::: •..:!::::: :i:i::::: :::i. ••::........:•••. . :_:_.-._:_x_::::_:_x_.:_:_s. •:!::1:1:: ::i:-:eir.iii:iiiiiiii 4.:ifir:-1:1--..;:.1:. .:iiii3-:ai.:Ei:e.::::i.,:. ..,:*:,::i: :.1:'f:i:1:i:11•111:i •:i..::i.:.:•' •-• _______:;_r________ _________-- lid1 _ .......... i. .. ;:t..:-..:...:.......,-:.:-...!: ..:. .. ill �� fM CEMETERY RD a f+ > as�J ci Y > e e o > .f- -.:... .i.;..,:i:.i...J: •::,:i.,: .,:,::::.i:::,:i:.:,,i, ; ;•- 811101 Adr .j. \::`ilii e e s P f: •s .d ., 4 ' f i ' .rr4:30-te C`' e „F.. .Dilit ,> E ����������� � �� `���: � �= �T ��� :ilii° �� ��� :`r :`�t�Et»4 !+!:;,•.:.ii . .:::..'. ilii .: L.e `�` ZONE 1Ff :: f pf ♦ �� f ff� •f �p ... ,f /f�`f f>>� 405-1:,,,...3* lii»�: :.:.:..��.:::•;.: ... ...........: li 411 :o o`'f�,� £of:r♦ilii 41 N [ . .. ... .. .•.:•.:”: ..... .... ..... . ............ :ilii..: • .• ••. iiiir ...., :.:.,..:.:.,....:„. :::.• .•:.•:::: ............ AP A ZONE 2 : . ` '..'..ilii ilii: _ •: : :::���� �� �� �� �' �� ����� :: .: :: ':;:; ilii:. �: :` � ilii. L ' �S EMS .. a100 P43117 Techni al Services 0 0 0 0 6000 27)Jannary 19,, �� ...:.. ..., . . •� liGbert T. Mac I • e. 'Jr. /44.1 +. 1 : ; 6,000 ---- --.a J 1 EXHIBIT 3 LEGAL DESCRIPTION OF ZONE 1 WELL FIELD AQUIFER PROTECTION AREA(APA) IN THE CITY OF RENTON(KING COUNTY),WA Descriptions are based on information from the King County assessor maps. The APA Zone 1 boundary line is within the Zone 2 APA boundary and matches a portion of the westerly Zone 2 boundary line from Point 37 through Point 49 (see legal description of Zone 2 APA boundary). The description of the Zone 1 boundary line starting at Point No. 37 at the northerly side of the Zone 1 area, and ending at Point 49 at the southerly side of the Zone 1 area is as follows: Beginning at the intersection of the north section line of Section 17,Township 23 North, Range 5 East, of the W.M. and the centerline of Garden Avenue N., 37 Thence easterly along said section line approximately 1,350 feet to the intersection with the centerline of N. 3rd Place, 100 Thence southeasterly along the said road centerline approximaely 730 feet to the intersection with the centerline of N.E. 3rd Street, 101 Thence east-southeasterly along said road centerline approximately 1,100 feet to the intersection with the centerline of Monterey Drive N.E., 102 Thence southerly and thence easterly along said road centerline approximately 1,400 feet to the intersection with the east 1/4, 1/4 section line of the southwest 1/4 of the northeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M. 103 Thence southerly along said 1/4, 1/4 section line approximately 380 feet to the intersection of the north 1/4 section line of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 104 Thence easterly along said 1/4 section line approximately 1,320 feet to the northeast corner of the southeast 1/4 section of Section 17, Township 23 North, Range 5 East, of the W.M., 105 Thence easterly along the north 1/4 section line of the southwest 1/4 of Section 16, Township 23 North, Range 5 East, of the W.M. Approximately 1,990 feet to the centerline of the northeast 1/4 of the southwest 1/4 of the said section, 106 Thence southerly along said centerline and the prolongation of said line approximately 2,200 feet to the intersection with the centerline of the Burlington Northern Railroad right- of-way, 107 Thence westerly along said railroad centerline approximately 3,480 feet to the intersection with the east 1/4, 1/4 section line of the southwest 1/4 of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 108 Thence southerly along said 1/4, 1/4 section line approximately 1,070 feet to the intersection with the south section line of Section 17,Township 23 North, Range 5 East, of the W.M., 109 43 = _ _ i EXHIBIT 2 • 44111 . 1111_ - _ _. BELLEV" _==== _-_=_-= __=___-_-- .:AQUIFER PROTECTION 1/11 _=__== -'= MERCER ISLAND ___=1`11=1_= \111 SSAQUAH� __- -__ -1111- AREA ZONES P:-.7.;:::::;:-:..i; ==_ 1111:_ i BOR6N__' ___- 1111 --_- iiiiii z ____:Ai�f9#1 ' g _ _ _4_111_mXi,r _--- __-1111____4;;;;;:-. „.4t---it - 111 y- w`I CO ___ 1111_ _:4-_,.i- -- 11 _-_Z�?'i _________ -1111 1111_-__ ____ __ __ n _ _ - - __ --__ - __ - 111-1- t �: -_ _ __ __ __ ___ _ _1144_ 1111_ _: ...,.P .p __ _1111 1111__ _______ 1111_ 1111_ _ �.. �-1��1�1�1�__�_j_---' ---_- -- --- - -- ----=__-- -- __ Lake -13 ----- _-______1111___----- --_-_ -- f =_- = ____ __1111_ __ __ __ -__-_----=_-1111_---_-___ ----� EA -__:_________-___-1111_=__=_4==-==-_ _- ► �, r.. -_==��--��__-__-=_.�:w:.<.��._.x_..,�_,..;_ �,� � �..:.:.>f APA Zone 1 _=____1111111 _ieW=_-->itt,; f =__-__1111_- -____ 7� �: _ m `� -___--___:__-_ ..�: APA Zone 2 1--ith*.i.:in s.:1: _,N I a -__=_ ^ � ~' .---\ , �- Streams N-=-:.-:::-:;;'-`',..': .., ___ : Mil E.fit., p�� •= ,, —�-- Rivers �s iRighwaYB..N i_'G 1 ^19;\sy ` Ibid.!' Main Roads �� LIII ,,,40,... .:.,.:.,.,.:.:.,:....,....IIIcCEUETEPr RD 1111111427;"- v m �i1u1:1 � � voilk .,,r .� . Boundaries s P 1.11111112.3-:'"':*:,:-,- . 2.3 ori- =�_:: 1=:1:113. .;?� i=mai:�;� - _ N.' tc e •• :>.s LAl[d LlT9L86N here41/4.. g<<,:. .. —� Sp of InIInence BonndBry CL.111111 lilt IN, APA ZOIE '=-:a € �i oars0 • . :: ,• '� ;;• �; - �:- �-\ QLAdd MACDONAI� ✓ 1 f 1�.jam` .. MAPLE __„, ' RD '/ '1 iii -4 ,0' ¢ ... .q . . fI ".Rpyl�' LIKE DESIRE lk / 6 y Ro SPEC= C ‘...1 � yo F 1111 ' 0 6000 12000 rc o - _ 15E.3-22.:E.5.-Ea:,:,_ S3ADY LAdd .. < CTHERLArJ ____1111=c__ KENT _____,_ -_- :_ 11=11_: 1 .72000 1111__ __: ) 11/ 11Pr . --.4:5;E--‘-::K: VF::::::-LAdd YOUNCS �/1 1L11 1S 1 L�MS = r - P/B/PW Technical Services 28 January 1992 Rob Y. Yaa Orin, Jr. Source: RH2 engineers 1/21/92 r EXHIBIT 3 Thence westerly along said section line approximately 1,330 feet to the intersection with the west 1/4 section line of the southeast 1/4 of Section 17,Township 23 North, Range 5 East, of the W.M., 110 Thence northerly along said 1/4 section line approximately 1,320 feet to the intersection with the established line N. LN. H.H. Tobin D.C. #37, 111 Thence westerly along said established line approximately 594 feet to an established angle point, 112 Thence northerly along said established line approximately 1,000 feet to the intersection with the centerline of the Burlington Northern Railroad right-of-way, 113 Thence westerly along said railroad right-of-way approximately 450 feet to the intersection with the centerline of the Prim. State Hwy.No. 1 right-of-way, 114 Thence southwesterly along said right-of-way centerline to the intersection with the centerline of S. 4th Street. 49 For continuation of the Zone 1 APA boundary from Points 49 through 37 see the legal description between said points for the Zone 2 APA boundary. 44 t EXIUBIT 3 LEGAL DESCRIPTION OF ZONE 2 WELL FIELD AQUIFER PROTECTION AREA(APA) IN THE CITY OF RENTON(KING COUNTY),WA Descriptions are based on information from the King County Assessor maps. The APA boundary line joins the City of Renton existing corporate limits line at the northerly and southerly sides of the APA Zone 2 area. The easterly APA boundary line is the existing City of Renton corporate limits line. The westerly APA boundary line is described as follows: Beginning at the northeast corner of the southeast 1/4 of Section 32, Township 24 North, Range 5 East, of the W.M.,which is at the intersection of S.E. 88th Street and 116th Avenue S.E. point of beginning Thence westerly along the north 1/4 section line approximately 1180 feet to the intersection with the current City of Renton Corporate Limits Line, 1 (Start of Zone 2 Legal description boundary) Thence westerly along said 1/4 section line approximately 1440 feet to the northwest corner of the southeast 1/4 of Section 32, Township 24 North, Range 5 East, of the W.M., 2 Thence southerly along centerline of said section approximately 670 feet to the intersection with the easterly prolongation of the centerline of S.E. 90th Street, 3 Thence westerly along said prolongation line approximately 600 feet to the intersection of S.E. 90th Street and 106th Avenue S.E., 4 Thence, southerly approximately 660 feet to the intersection of 106th Avenue S.E. and S.E. 92nd Street, 5 Thence westerly approximately 680 feet to the intersection of S.E. 92nd Street and 104th Avenue S.E., 6 Thence southerly approximately 650 feet to the intersection of 104th Avenue S.E. and S.E. 94th Street, 7 Thence westerly approximately 1290 feet to the intersection of S.E. 94th Street and 100th Avenue S.E., 8 Thence southerly approximately 690 feet to the intersection of 100th Avenue S.E. and S.E. 96th Street, which is the Northwest corner of Section 5, Township 23 North, Range 5 East, of the W.M., 9 Thence southerly along the west line of said section approximately 410 feet to the intersection with a survey traverse line within the Northern Pacific Railroad Right-of-Way, 10 Thence S 45-20-57 E., 896.84 feet along said traverse line to an angle point, 10A Thence S 18-37-12E, 3331.10 feet along same said traverse line to-an angle point, 10B 45 EXHIBIT 3 Thence S 6-07-12 W, 768.72 feet along said traverse line where it intersects with the south 1/4 section line of the Southwest 1/4 section of Section 5, Township 23 North, Range 5 East of the W.M., 11 Thence easterly approximately 894 feet to the southeast corner of said 1/4 section, which is also the intersection of 108th Avenue S.E. and N.E. 12th Street, 12 Thence easterly approximately 1320 feet to the intersection of N.E. 12th Street and 112th Avenue S.E. (Aberdeen Avenue N.E.), 13 Thence southerly along Aberdeen Avenue N.E. approximately 610 feet to the centerline of N.E. Park Drive, 14 Thence easterly along N.E. Park Drive approximately 1540 feet to the intersection of Edmonds Avenue N.E., 14a Thence southeasterly along N.E. Park Drive, approximately 610 feet to the intersection of the east-west 1/4 section centerline of the Northwest 1/4 section of Section 9, Township 23 North, Range 5 East, of the W.M., 15 Thence easterly along said 1/4 section centerline approximately 2190 feet to the intersection of the North-South centerline of Section 9, Township 23 North, Range 5 East of the W.M. (Monroe Avenue N.E.), 16 Thence southerly along said section centerline (Monroe Avenue N.E.) approximately 330 feet to the intersection of Monroe Avenue N.E. and N.E. 10th Street, 17 Thence easterly along N.E. 10th Street approximately 660 feet to the intersection of N.E. 10th Street and Olympia Avenue N.E., 18 Thence southerly along said road centerline approximately 250 feet to the intersection with the centerline of N.E. 9th Street, 19 Thence easterly along said road centerline approximately 260 feet to the intersection with the centerline of Pierce Avenue N.E., 20 Thence southerly along said road centerline approximately 620 feet to the intersection with the centerline of N.E. 8th Street, 21 Thence easterly along said road centerline approximately 400 feet to the intersection with the centerline of Queen Avenue N.E., 22 Thence southerly along said road centerline approximately 470 feet to the intersection with the centerline of N.E. 7th Street, 23 Thence easterly along said road centerline approximately 160 feet to the intersection with the centerline of Redmond Avenue N.E., 24 Thence southeasterly and then southerly along said road centerline approximately 740 feet to the intersection with the centerline of N.E. 6th Place, 25 46 EXHIBIT 3 Thence westerly along said road centerline approximately 260 feet to the intersection with the centerline of Queen Avenue N.E., 26 Thence southerly along said road centerline approximately 260 feet to the intersection with the centerline of N.E. 6th Street, 27 Thence westerly along said road centerline approximately 1,320 feet to the intersection with the centerline of Monroe Avenue N.E., 28 Thence southerly along said road centerline approximately 500 feet to the intersection with the centerline of N.E. 5th St., 29 Thence westerly along said road centerline approximately 320 feet to the intersection with the centerline of"L" Street, 30 Thence southerly and then westerly along said road centerline approximately 1,000 feet to the intersection with the centerline of Jefferson Avenue N.E., 31 Thence southerly along said road centerline approximately 260 feet to the intersection with the centerline of N.E. 4th Street and the south section line of Section 9, Township 23 North, Range 5 East, of the W.M., 32 Thence westerly along said section line approximately 1,660 feet to the intersection with the centerline of Edmonds Avenue N.E. and the southwest corner of Section 9, Township 23 North, Range 5 East, of the W.M., 33 Thence westerly along the south section line of Section 8, Township 23 North, Range 5 East, of the W.M. approximately 700 feet to the intersection with the easterly right-of-way line of the Puget Sound Power&Light Co. transmission line right-of-way, 34 Thence northwesterly along said right-of-way line approximately 1450 feet to the intersection with the north line of the south 30 feet of the north half of the southeast quarter of Section 8, Township 23 North, Range 5 East,W.M., 35 Thence westerly, along said north line, approximately 900.00 feet; 35A Thence southerly at right angles to the previous mentioned course, approximately 496 feet to the intersection with the southwesterly margin of the Burlington Northern Spur Line; 36 Thence southwesterly approximately 1347 feet to the intersection of the centerline of N. 4th Street with the centerline of vacated Meadow Street; 37 Thence westerly along the centerline of said N. 4th Street approximately 282 feet to the intersection with the centerline of Garden Avenue N.; 37A Thence westerly along said road centerline approximately 730 feet to the intersection with the centerline of Pelly Avenue N., 38 Thence southerly along said road centerline approximately 670 feet, to the intersection with the centerline of N. 3rd Street, 39 Thence westerly along said road centerline approximately 270 feet to the intersection with the centerline of Wells Avenue N., 40 47 Thence northwesterly along N. 3rd Street centerline approximately 370 feet to the intersection with the centerline of Williams Avenue N., 41 Thence southerly along said road centerline approximately 620 feet to the intersection with the centerline of N. 1st Street, 42 Thence northwesterly along said road centerline approximately 20 feet to the intersection with the centerline of Williams Avenue N., 43 Thence southwesterly along said road centerline approximately 470 feet to the intersection with the southwesterly right-of-way line of the Cedar River waterway, 44 Thence southerly along Williams Ave. approximately 1040 ft. to the intersection with the centerline of S. 2nd Street, 45 Thence southerly along Williams Ave. approximately 560 feet to the intersection with the centerline of S. 3rd Street, 46 Thence easterly along said road centerline approximately 600 feet to the intersection with the centerline of Main Avenue S., 47 Thence southerly along said road centerline approximately 560 feet to the intersection with the centerline of S. 4th Street, 48 Thence easterly along said road centerline approximately 190 feet to the intersection with the centerline of the Prim. State Hwy. No. 1 right-of-way, 49 Thence easterly along S. 4th Street centerline approximately 480 feet to the intersection of the centerline of the Cedar River pipe line right-of-way, 50 Thence southeasterly along said right-of-way approximately 1950 feet to the intersection with the south section line of Section 17,Township 23 North, Range 5 East, of the W.M., 51 48 - v Thence southeasterly along said right-of-way approximately 3,900 feet to the intersection with the east section line of Section 20,Township 23 North, Range 5 East, of the W.M., 52 Thence southerly along said section line approximately 2,370 feet to the southeast corner of Section 20, Township 23 North, Range 5 East, of the W.M., 53 Thence westerly along the south section line of said section approximately 720 feet to the intersection with the centerline of 114th Avenue S.E. and the end of the westerly APA boundary. 54 49 _ s EXHIBIT 4 q. PIPELINE MATERIAL REQUIREMENTS PIPE DIAMETER CONSIDERATIONS PIPE MATERIAL <4 4-8 10-12 14-20 24-30 36-54 SUGGESTED MATERIAL SPEC (See attached table) Ductile Iron,Rubber Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151,C104 abcdnopr Polyethylene-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151 abcdnopr Ductile Iron,Nitrile Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151,C104 b c d i n o p r Polyethylene-Lined 1,2,3 1,2,3 1,2,3 1,2,3 1,2,3 AWWA CI51 b c d e i n o p r PVC,Rubber Gasket Joints Blue Brute C1150or200 1,2 1,2 AWWAC900 abjlnoprt PVC,Nitrite Gasket Joints Blue Bnrte Cl 150 or 200 1,2,3 1,2,3 AWWA C900 b i j l n o p r t PVC,Solvent Welded Joints Sch80 2,3 1,2,3 1,2,3 ASTMD1784,D1785 hjklnoprt Welded Steel,Rubber Gaskets Cement Mortar-lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C205 a b f g h n o p r Dielectric-lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C210 a b f g h n o p r Welded Steel,Welded Joints Cement Mortar-lined 1,2 1,2 AWWA C200,C205 f g h n o p r Dielectric-Lined 1,2,3 1,2,3 AWWA C200,C210 f g h n o p r High Density Polyethylene Pipe 1 1 1 1 1 ASTM D1248 and D3350 h k p q u Corrugated High Density Polyethylene 1 1 1 1 1 ASTM D1248 and AASHTO k p g s u Pipe-Smooth Interior Insituform Liner 4,5 4,5 4,5 4,5 4,5 ASTM D638 m n o p q r PIPELINE SERVICE 1. Storm Sewer [2. Sanitary Sewer and Side Sewer 3. Leachate Pipeline 4. Rehab Existing Storm Sewer 5. Rehab Existing Sanitary Sewer • 50 ( i EXHIBIT 4 CONSIDERATIONS ON SELECTION OF PIPE MATERIALS Oefier:::r a als.: a :::si ar:: :er flmaaz ::sta dar vr: pe a t e;re ul ::of new ec in logy; ifiaf:kie:::approv0*:fit;.:Et.....ry....... ..............:..:................................................................................................ a. Rubber gaskets may be severely damaged by petroleum products, particularly in prolonged exposures to concentrated flows containing little or no storm water or sanitary sewage. In cases where heavy concentrations of petroleum products may be experienced, nitrile (Nitrile-Butadiene; ie, NBR)gaskets should be used. b. Gasketed joints may not be leak-proof at zero or low pressures,if improperly installed. c. Mechanical joints may be less likely to leak at low pressures than push-on joints. d. May need protective coatings and/or cathodic protection against external corrosion. e. Considered most reliable gasket and lining material for ductile iron leachate pipeline. f. Very difficult to repair linings on inside of joints in pipe smaller than 24-inch diameter. g. Almost always needs protective coatings and cathodic protection against external corrosion. h. Properly made joints are considered leak-proof. i. Nitrile gaskets may require long delivery time. j. Requires special attention to bedding and backfill depth to avoid structural failure of pipe. k. Large thermal expansion coefficient. May need to limit solvent welded joints to 4-inch and smaller pipe. May require careful evaluation of pipe installation temperature andtemperature of piped liquids to ensure joint integrity. 1. Pipe not available over 12-inch diameter. m. Insituform lining is available in 6-inch through 60-inch diameter for almost any pressure, if sufficient pipe cross-sectional area is available. n. Pressure grouts and gels arc not acceptable for rehabilitation or patching of storm and sanitary sewers. o. Suitability of pipe lining and gasket material to resist chemical attack by conveyed fluids must be determined for each pipeline service considered. p. All storm and sanitary sewer manholes, catch basins, and inlets should be equipped with precast concrete bottom and sidewalls with rubber gaskctcd joints between sections, water-tight epoxy grout pipe entrances through walls, and bitumastic coating of all interior floor and wall surfaces. Manholes, catch basins, and inlets should have no leakage when hydrostatically tested at atmospheric pressure. q. Has good resistance to a number of chemicals,petroleum products, and hydrogen sulfide corrosion. 51 r EXHHIBIT 4 CONSIDERATIONS ON SELECTION OF PIPE MATERIALS (cont.) r. "Zero leakage"test requirement may be impossible to achieve under the best conditions for any pipe materials because trapped air may distort test results, even in a drop-tight pipe. Pressure and leakage test requirements should consider whether the pipe has steel slope or will stand full of liquid. Pipelines should be tested with the intent to prevent or minimize leakage. Air testing should not be allowed; hydrostatic testing should be as stringent as any found in the industry. Pipe materials, without regard for chemical attack, corrosion, or puncture, are generally ranked as follows,in decreasing order of liquid-tight reliability: • welded steel with welded joints • PVC with solvent welded joints • Insituform liner • ductile iron with viton or rubber gaskets • welded steel with rubber gasketed joints • PVC with viton or rubber gasketed joints s. Joints should consist of"heat-shrink"wrap,standard corrugated coupling, and full pipe band clamps. t. The use of PVC may be restricted by other Utility policy in regards to depth of pipe cover. u. HDPE may be adversely affected by solvents; its use is not recommended where contact with solvents may occur. H:Aquifer/AP0803/bh 52 CITY OF RENTON MEMORANDUM DATE: August 7, 1992 TO: Marilyn Petersen FROM: Lys Horn •,I 1 SUBJECT: Mailing List for Public Hearing on the Aquifer Protection Ordinance Attached are mailing labels for businesses in zone 1 and 2 of the'Aquifer Protection Area. Please mail a notice of the public hearing on the ordinance to each of these businesses. Thank you. /hay' P624.112, 4 +0 pkoato 1, otvrt Lou_ ar circ /Lc kkakvivi f-66 •. /O1 (117. Renton Voc.Tech. Renton Voc.Tech.:Apprentice Center Riverside Dental Building 3000 N.E.4th 315 Garden N. 66 Williams S. Renton WA 98056 Renton WA 98055 Renton WA 98055 Robert A.Hall S.E Public Health Center Safeway 1128 Kirkland N.E 300 N.E 4th 4110 N.E 4th Renton WA 98056 Renton WA 98056 Renton WA 98056 Schucks Auto Supply Scissors and Suds Scotty's 1 Stop Reconditioning 3213 N.E.Sunset By 326 Union N.E 117 1/2 Park N. Renton WA 98056 Renton WA 98056 Renton WA 98055 Shell Oil Silver Cloud Inn Speedy Auto Glass 1410 N.30th 1820 Maple Valley Hy. 914 Bronson Way S. Renton WA 98056 Renton WA 98056 Renton WA 98055 Squeeky Clean Car Wash Stoneway Concrete Sunset Cars 4111 N.E 4th 1915 Maple Valley Hy. 330 Sunset By.N. Renton WA 98056 Renton WA 98055 Renton WA 98055 Sunset Cars Sunset Pet Clinic Sunset Square Cleaners 353 Sunset By.N. 3241 N.E Sunset By. 1314 Union N.E Renton WA 98055 Renton WA 98056 Renton WA 98056 Supershop Taylor's Auto Body Texaco 801 S.2nd 330 Main S. 4102 N.E 4th Renton WA 98055 Renton WA 98055 Renton WA 98056 Texaco food mart The Auto Glass Company The Cleaning Shoppe 1408 Bronson Way N. 4233 N.E.Sunset By. 2830 N.E.Sunset By. Renton WA 98055 Renton WA 98056 Renton WA 98056 Thriftway Tony's Cleaners Traditional Family Health Care 3208 N.E.Sunset By. 1057 N. 1st 920 N. 1st Renton WA 98056 Renton WA 98055 Renton WA 98055 Tum-A-Lum Lumber U-Haul Unocal Learning Center 4602 N.E Sunset By. 3131 N.E.4th Corner of Sunset&Union Renton WA 98056 Renton WA 98056 Renton WA 98056 IP Life Touch National School Studio Lifetime Muffler and Brake • Maplewood Golf Course 227 Wells S. 4233 N.E Sunset By. 400 Maple Valley Hy. Renton WA 98055 Renton WA 98056 Renton WA 98056 Market Place Mary Butcher M.D. Mt.Olivet Cemetary Union&4th 1082 Kirkland N.E.• 100 Blaine N.E Renton] WA 98056 Renton WA 98055 Renton WA 98056 Nelson Plastering Northside Dental Center Paccar 1525 N.4th 300 Pelly N. 502 Houser Way N. Renton WA 98055 Renton WA 98055 Renton WA 98055 Pacific Auto Machine Park Avenue Chiropractic Clinic Park Dental Assoc. 333 Sunset By.N. 210 Park N. 150 Park N. Renton WA 98055 Rgnton WA 98055 Renton WA 98055 Parker Paints Pay-N-Pak Pay-N-Save 2nd&Wells S. 2902 N.E Sunset By. 4613 N.E Sunset By. Renton WA 98055 Renton WA 98056 Renton WA 98056 Payless Drug PDQ Dry Cleaners Pennzoil 10 Minute Oil Change 3208 N.E Sunset By. 3807 N.E.4th 4233 N.E.Sunset By. Renton WA 98056 Renton WA 98056 Renton WA 98056 Performance Apex Ltd Preservative Paint Co. Printco 410 Sunset By.N. 350 Sunset By.N. 2826 Sunset Lane Renton WA 98055 Renton WA 98055 Renton WA 98056 Renton Beauty School Renton Chiropractic Renton Community Clinic 2828 Sunset Lane 1222 Bronson Way N. 1025 S.3rd Renton WA 98056 Renton WA 98055 Renton WA 98055 Renton Greenhouse Florist Renton Highlands Cleaners Renton Highlands Prof.Building 236 Wells N. 2806 N.E 10th 3218 N.E 12th Renton WA 98055 Renton WA 98056 Renton WA 98056 Renton Optometry Clinic Renton Radiator Renton Transmissions 112 Pelly N. 3217 S.E 6th 4233 N.E Sunset By. Renton WA 98055 Renton WA 98056 Renton WA 98056 11 W Demo Golf Car Co. Discount Tire Co. Don-A-Lisa Motel 3709 N.E.4th 3123 N.E.4th 111 Meadow N. Renton WA 98056 Renton WA 98056 Renton WA 98055 Dr.Joanne M.Furukawa Dunn Lumber Co. Edward C.Funk:D.M.D. 3188 N.E.Sunset By. 120 Factory N. 1084 Kirkland N.E. Renton WA 98056 Renton WA 98055 Renton WA 98056 Ernst Evans Tire , Express Tune 4601 N.E.Sunset By. 4209 N.E.Sunset By. 233 Sunset By.N. Renton WA 98056 Renton WA 98056 Renton WA 98055 Exxon Service station Fiorillo Northwest Inc Frederick R.Brown:D.D.S.P.S. 4715 N.E.Sunset By. PO Box 66826 1080 Kirkland N.E Renton WA 98056 Seattle WA 98166 Renton WA 98056 Friedel's Service Inc. GCR Auto Sales Goodyear Tires 345 N.3rd P1. 320 N.3rd Pl. 1320 Union N.E. Renton WA 98055 Renton WA 98055 Renton WA 98056 Graphics Design Printing Greenwood Memorial Park Hazen High School 918 S.3rd 350 Monroe N.E. 1201 Hoquim N.E. Renton WA 98055 Renton WA 98056 Renton WA 98056 Highlands East Auto Parts Highlands Family Dental Center Hiland Chevron 4616 N.E.4th 3200 N.E.Sunset By. • 4044 N.E Sunset By. Renton WA 98056 Renton WA 98056 Renton WA 98056 Hilands General Medical Clinic International Truck Sales and Parts Ja-merica 2838 N.E.Sunset By. 1300 Bronson Way N. 4111 N.E.Sunset By. Renton WA 98056 Renton WA 98055 Renton WA 98056 Japanese Auto Machine John Julian&Son Electric Motors Karin's Beauty Supplies 4233 N.E.Sunset By. 340 Sunset By.N. 1222 Bronson Way N. Renton WA 98056 Renton WA 98055 Renton WA 98055 King County Park Center:Facilities Div. Les Schwab Tire Center Liberty Park 3005 N.E.4th 354 Union N.E 1400 Houser Renton WA 98056 Renton WA 98056 Renton WA 98055 _ II 40'Rentals A and H Drugs A-1 Vacuum and Locksmith 1100 Bronson Way.N. 2820 N.E Sunset By. 205 Sunset By.N. Renton WA 98055 Renton WA 98056Renton WA 98055 ABS Business Forms&Printing Albertson's All Care 215 Park N 4621 N.E.Sunset By. 148 Park N. Renton WA 98055 Renton WA 98056 Renton WA 98055 American Auto Painting&Body Repair American Chiropractic Clinic Arco AM/PM 310 N.3rd 3196 N.E Sunset By. 1537 Duvall N.E Renton WA 98055 Renton WA 98056 Renton WA 98056 Arco Am/Pm Arco AM/PM Arco AM/PM 2900 N.E 3rd 3123 N.E.Sunset By. 4615 N.E.4th Renton WA 98056 Renton WA 98056 Renton WA 98056 Arnold's Market Autobahn Beacon Machine Inc. 314 Park N. 3560 N.E 4th 3534 N.E 4th Renton WA 98055 Renton WA 98056 Renton WA 98056 Bill and John's Food center BJ Auto Bon Ton Pet Shop 2439 Maple Valley Hy. 4233 N.E.Sunset By. 1222 Bronson Way.N. Renton WA 98058 Renton WA 98056 Renton WA 98055 BP Service Station BP Service Station Brownies Lawn Shop 3002 N.E Sunset By. 4105 N.E 4th 1305 N.30th Renton WA 98056 Renton WA 98056 Renton WA 98056 Bryant Motors Busy Bee Cleaners Cedar River Animal Hospital 1300 Bronson Way N. 3164 N.E.Sunset By. 3770 N.E.4th Renton WA 98055 Renton WA 98056 Renton WA 98056 Chevron Service Station CJ Auto Parts Corbin Chiropractic Clinic 1419 N.30th 3901 N.E 4th 4608 N.E 4th Renton WA 98056 Renton WA 98056 Renton WA 98056 Cugini Fill Site Custodial Services D&B Welding and Supply 3021 N.E 4th 232 Main S. 1200 Union N. Renton WA 98056 Renton WA 98055 Renton WA 98056 Valley Auto Paint 'Valley Orthopedic Specialists Vies Renton Frame and Wheel Alignment 1017 Bronson Way S. 1086 Kirkland N.E. 3205 N.E.4th Renton WA 98055 Renton WA 98056 Renton WA 98056 Village Square Maytag Laundry Vukov Medical Dental Clinic Watertite Gutter Co. 1222 Bronson Way N. 1011 N.2nd 326 Union N.E. Renton WA 98055 Renton WA 98055 Renton WA 98056 Zip Market Marco de Sae Silva Davis Wright Tremain Shawn Hol lands 2801 N.E.4th 1501 4th Avenue Suite 2600 1501 4th Ave. Renton WA 98056 Seattle WA 98101 Seattle, WA 98101 David Halinen Bill Bryant Virginia Forte 800 Bellevue Way NE Bryant Motors 40-Rentals Suite 376 1300 Bronson Way N 1100 Bronson Way Bellevue, WA 98004 Renton, WA 98055 Renton, WA 98055 Versie Vaupel Jack Riley Ray Griffin P.O. Box 755 Aqua Barn Travel 14306 144th Ave SE Renton, WA 98057 15227 SE Renton-Maple Valley Renton, WA 98056 Highway Renton, WA 98058 Marjorie Richter Sanford Webb 300 Meadow Ave N 430 Mill Ave S Renton, WA 98055 Renton, WA 98055 PUBLIC HEARING August 24, 1992 Notice of Public Hearing concerning the Aquifer Protection Ordinance. Locations of postings done on , 1992. 1. K(rt(a#►d AV NE JE 7 fi- 2. UM OJ AV /V <1/4— NE` 3. /OD (iAIroe✓ NE 4. /365.2 5E ion ' PL 5. tz o$ 1 ( \0( M✓ 6. NE 10 3-.21-• (-1- cr(mi- NC 7. A/C f6 2ro(eee\ /v E 8. /if o4( N- 3-`r, 9. L(<. WA , QtvD• �- 3 (ot 10. 6Ut,NL -rr AJ / NE 36 11. PA-R-K. ,ku N. a- N' 12. (pig N• ( sr- 13. 'F,A,/Lo t. A}✓ AMA-)w 14. L_ AgSIVY\ Al 5w f 4 4VCAI/ yW 15. 5 / AV f• 2,- 51 7 16. Slur- 5 S• 5 7f'` 17. 717 f S 18- 1- a-- 'T/XL f t�'f /1/ S• 19. A-L.64T O jp, a- f / 7 7 r' 20. (io(o 21. Ap05 ,J 10" 22. G -r 5. 5. /(7-7-- 23- S. 3 AP /f 24. 7 o o o 5. E. 5 25. 5, e. ik evrelet.,00e, S• E 26. 7Ss Epr+ oNO5 H. E. • , , . NIDTice RENTON CITY COUNCIL PUBLIC HEARING ON AUGUST 24, 1992 AT 7:30 P.M. RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS 200 MILL AVENUE SOUTH AQUIFER PROTECTION ORDINANCE ALL INTERESTED PARTIES ARE INVITED TO ATTEND AND PRESENT WRITTEN AND/OR ORAL COMMENTS . FOR ADDITIONAL INFORMATION , PLEASE CALL 235-2501 . Complete legal description &further information available in the City Clerk's Office - 235-2501 • , The removal, mutilation, destruction Warning . or concealment of this notice is a mis- demeanor punishable by fine and imprisonment. CERTIFICATION ' FATE OF WASHINGTON)ss. OUNTY OF KING ) I Crq I‘ QaqHEREBY CERTIFY THAT ZCOP1ES OF THE ABOVE NOTICE ERE POSTED BY ME /IN THREE( MORE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED AND TWO OPIES WERE POSTED AT THE RENTON MUNICIPAL BUILDING, 200 MILL AVENUE S. , RENTON, WA ON ATE OF \ f- 6 - IZ • \SuBS\t‘es-- .---:_--el-in44- 4414:'16f 1(--1P ;;# 9 I----- CRIBEn_Ai'�D SWORN '`'Y) BE ME 7 ,SIGNED v 6Lat.l. p Y. `a\xy Pubc, ,an�J �taie-af_ rohinllt�on, - \]lg 8t Y / i w S CITY OF RENTON NOTICE OF PUBLIC HEARING BY RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 24th day of August, 1992, at 7:30 p.m. in the Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton, Washington, as the time and place for a public hearing to consider the following: Aquifer Protection Ordinance Any and all interested persons are invited to be present to voice approval, disapproval, or opinions on this matter. CITY OF RENTO. 31)")/ Marilyn J. ' rsen City Clerk DATE OF PUBLICATION: August 7, 1992 Valley Daily News Acct. No. 50640 -� ...� }kvi y4. No& - • CONCURRENCE DATE VII b(i Z— ____. _ NAME INI IAVDATUE 1 Mr_ CITY OF RENTON - - L11.__- MEMORANDUM DATE: August 7, 1992 TO: Kathy Keolker-Wheeler, Chair Members of the Renton City Council VIA: Mayor Clymer FROM: Lynn Guttmann, Administrator Planning/Building/Public Works Department STAFF CONTACT: Gregg Zimmerman (x 6211) G a Lys Hornsby (x 55390 SUBJECT: REVISIONS TO DRAFT 16 OF THE AQUIFER PROTECTION ORDINANCE In preparation for the proposed public hearing on August 24, 1992, for the Aquifer Protection Ordinance, staff was requested by Members of the City Council to provide the Council Members with marked up versions of the ordinance that will clearly define changes made to the ordinance since Draft 16. Attached, please find the following: o Annotated version of the Aquifer Protection Ordinance showing all substantive changes made to Draft 16. o Index of modifications to Draft 16. o Chart showing schedule of phased reduction oruse of regulated substances within Zone 1 of the Aquifer(yellow form). o Proposed implementation schedule (green form). The annotated copy of the Aquifer Protection Ordinance in this package provides several pieces of information which the Council has requested. The base document is Draft 16. All provisions deleted from Draft 16 have a bar at the left margin and,the text is lined out. All provisions added to Draft 16 have a bar at the left margin and bold faced type. In addition, two optional elements (business move out provision, and mandatory connection to sewer in Zone 1) are boxed, and are written in italics type. These two optional provisions are not in the version of the ordinance approved for presentation to the Council by the majority report of the Utility Committee. However, DRAFT AQUIFER PROTECTION ORDINANCE-August 3, 1992 INDEX OF MODIFICATIONS (Substantive Revisions Since Draft 16) ITEM SECTION PAGE Delete$200,000 Bonding Requirement 5-2-6 10,29 Mandatory Relocation Clause-Optional Language 8-8-6.A.1. 19 Added Voluntary Relocation Incentives 8-8-6.A.1. 19 Added Provision Prohibiting Increased Substance Use-Zone 1 8-8-6.B.7. 21 Mandatory Sanitary Sewer Connection By Existing Development 8-8-6.C.3. 21 in Zone 1 -Optional Language Added Permit Requirements for Zone 1: Emergency Collection Equipment 8-8-6.F.3. 25 Containment and Emergency Equipment Inspection 8-8-6.F.4. 25 Inventory of Regulated Substances 8-8-6.F.5. 25 Employee Training 8-8-6.F.6. 25 Site Improvements 8-8-6.F.7.b. 26 Added Provision For Reimbursement For Costs to Install 8-8-6.F.7.c. 26 Required Monitoring Wells Removed Mandatory Sanitary Sewer Connection by Existing 8-8-7.C.1-3. 27 Development in Zone 2 Added Provisions For Modified Operating Permit for Application 8-8-10.H. 30 of Pesticides, Herbicides, and Fertilizers Modified Inspection Requirements of Zone 1 Facilities to Bi-monthly 8-8-15.A. 34 Added Provision to Revoke Operating Permit For Facilities 8-8-15.B.5,6. 35 That Have Had Releases or Contamination Incidents Publish Names of Violators in Newspaper 8-8-19.D. 36 AQUIFER PROTECTION ORDINANCE Zone 1: Phased Reduction of Use of Regulated Substances. High Relocation intent. '6 es c Regulatory Requirements Low. . _ First Year Second through Fourth Years Fifth Year and After Relocation Offer to pay 60%voluntary Offer to pay 50%voluntary relocation None Incentives relocation expenses up to expenses up to $25,000 2nd year; 40% up to $60,000 if relocation is within $15,000 3rd year; 30% up to $5,000 4th year; City limits. if relocation is within City limits. Waive connection fees(SUCC)if Waive connection fees(SUCC), if relocation is relocation is within City limits. within City limits. Regulatory Apply for relocation assistance Comply with APA permit requirements by Requirements or apply for APA permit second year including: Same plus by fifth year: - Regulated substances management plan Monitoring wells - Secondary containment Paving and - Emergency collection equipment Stormwater improvements - Employee training program - Inventory of regulated substances During next two years, offer to pay . 50% of capital costs up to $25,000 Bi-Monthly inspection by City for required monitoring wells Reduce Use of None No increased use of regulated substances Same Regulated allowed unless granted special permit Substances Penalties Fines for non-compliance& cost of Same, but publish names of violators in paper Same clean up Mandatory relocation if 2 or more • - contamination incidents occur .. 92-322.DOC/LLH/bh IMPLEMENTATION SCHEDULE-AQUIFER PROTECTION ORDINANCE TASK July Aug Sept Oct Nov Dec Jan Feb March Council Accepts Final Draft X Imp.Ord.to Util.Corn. X Public Hearing/First Reading X • Second Reading X Rate Increase X Hire Staff X Dev nAdmiRule 101111011111011 Dev Permits X.111,3111111111111111)111111111111 Devat D abase Permit Eff. Date X Phased Reduction • • excel/92-378/bh CITY OF RENTON,WASHINGTON DRAFT DATED AUGUST 3, 1992 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,AMENDING TITLE IV (BUILDING REGULATIONS), TITLE V (FINANCE AND BUSINESS REGULATIONS), AND TITLE VIII (HEALTH & SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON" RELATING TO THE PROTECTION OF THE AQUIFER AS FOLLOWS: 1. Section 4-6-22.E:3 of Chapter 6, Title N 2. Section 4-22-3 of Chapter 22,Title N 3. Section 4-22-8 of Chapter 22, Title N 4. Section 4-31-11.D of Chapter 31,Title N 5. Section 4-31-33.B.1 of Chapter 31,Title N 6. Chapter 5 of Title V by adding section 5-5-5 7. Chapter 5 of Title VIII by adding section 8=5-21 8. Title VIII by adding Chapter 8,Aquifer Protection. SECTION I. Section 4-6-22.E.3 of Chapter 6, Environmental Ordinance (SEPA), of Title N(Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended to read as follows: 4-6-22.E.3: The City adopts by reference the policies in the following City Codes, ordinances, resolutions, and plans as they currently appear and as hereafter amended: a. 1976-Planning Commission b. 1976-Cedar River Master Plan c. 1978-Airport Master Plan d. 1980-Southeast Renton Plan e. 1981 -Northeast Renton Plan f. 1981 -Policies Element/Comprehensive Plan g. 1983-Comprehensive Solid Waste Management Plan h. 1983-Shoreline Management Plan i. 1983-Central Renton Plan j. 1984-Comprehensive Water Plan k. 1984-Comprehensive Sewer Plan 1. 1984-Comprehensive Park and Recreation Plan m. 1984-Green River Valley Plan n. Six-year Street Plan o. City of Renton Zoning Code • p. Uniform Building Code q. Uniform Fire Code r. Uniform Mechanical Code s. Street Arterial Plan t. Uniform Electrical Code u. State Energy Code v. The Aquifer Protection Ordinance(Ordinance No. ) shall be included in the environmental policy of Renton. SECTION H. Section 4-22-3 of Chapter 22, Storm and Surface Water Drainage, of Title IV(Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended to read as follows: 4-22-3: DEFINITIONS: Unless the context specifically indicates otherwise, the meaning of terms used in this section shall'be as follows: ADMINISTRATOR shall mean the Administrator of the Department of Planning/Building/Public Works of the city of Renton, or any successor office with responsibility for management of the Public Properties within the City of Renton, or his/her designee. CHEMICALS: "Chemicals" means all "Regulated Substances" as defined by the City of Renton in the Aquifer Protection Ordinance. COMPUTATION: Calculations, including coefficient and other pertinent data, made to determine the drainage plan with rate of flow of water given in cubic feet per second(cfs). DEPARTMENT: The Planning/Building/Public Works Department of the City of Renton. DETENTION/RETENTION FACILITIES: Facilities designed either to hold runoff for a short period of time and then releasing it to the point of discharge at a controlled rate or to hold water for a considerable length of time and then consuming it by evaporation, plants or infiltration into the ground. 2 DEVELOPMENT COVERAGE: All developed surface areas within the subject property including but not limited to roof tops, concrete or asphalt paved driveways, carports, accessory buildings and parking areas. DIRECTOR: See Administrator. DRAINAGE AREA: The total area whose drainage water flows to and across the subject property. DRAINAGE PLAN: The plan for receiving, handling, transporting surface water within the subject property. PEAK DISCHARGE: The maximum surface water runoff rate (cfs) at point of discharge, determined from the design storm frequency. RECEIVING BODIES OF WATER: Creeks, streams, rivers, lakes, storm sewers and other bodies of water into which surface waters are directed, either naturally or in manmade ditches or open and closed system. STORM SEWER AND STORM DRAIN: A sewer which carries storm surface water, subsurface water and drainage. SUBJECT PROPERTY: The tract of land which is the subject of the permit and/or approval action. SECTION M. Section 4-22-8 of Chapter 22, Storm and Surface Water Drainage, of Title W(Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended to read as follows: 4-22-8: DRAINAGE PLAN REQUIREMENTS AND METHODS OF ANALYSIS: A. All persons applying for any of the permits and/or approvals contained in Section 4-22-5 of this Ordinance shall provide a drainage plan for surface water flows entering, flowing within and leaving the subject property. The drainage plan and supportive calculation report(s) shall be stamped by a professional civil engineer registered in the State of Washington. The drainage plan shall be prepared in conformance with the Core and Special Requirements contained in section 1.2 and 1.3. of Chapter 1, the hydrologic analysis methods contained in Chapter 3, the hydraulic analysis and design 3 criteria in Chapter 4, and the erosion/sedimentation control plan and practices contained in Chapter 5 of the current King County Surface Water Design Manual, except where amended or appended by the Department. B. Special Requirement#13: Aquifer Recharge and Protection Areas. 1. Threshold. IF a proposed project lies within an Aquifer Recharge and/or Protection Area as defined and designed by City ordinance and as indicated on the Aquifer Recharge and Protection Map at the City permit counter. 2. Requirement. THEN the proposed project drainage review and engineering plans shall be prepared in accordance with the special requirements, methods of analysis and design standards that have been adopted for Aquifer Recharge and Protection Areas by City ordinance. C. Chapter 1 of the King County Surface Water Design Manual which has been incorporated in the Renton City Code by reference is hereby amended to read as follows: 1. Section 1.2.1 CORE REQUIREMENT # 1: DISCHARGE AT THE NATURAL LOCATION, as follows: Add at end of existing section: Requirements that apply within Zones 1 and 2 of an Aquifer Protection Area: Surface and storm water runoff from a proposed project that proposes to construct new, or modify existing drainage facilities must be discharged at the natural location so as not to be diverted onto, or away from, the adjacent downstream property, except that surface and storm runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals should be discharged at the location and in the manner which will provide the most protection to the aquifer, as directed and approved by the Storm Water Utility and the Water Utility. 4 Discharge from the project must produce no significant adverse impact to the downhill property. Where no conveyance system exists at the adjacent downstream property line or other acceptable location and the discharge was previously unconcentrated flow, the runoff must: a. Be conveyed across the downstream properties to an acceptable discharge point (see Core Requirement #2: OFFSITE ANALYSIS in Section 1.2.2), with drainage easements secured from the downstream owners and recorded at the King County Office of Records and Elections prior to drainage plan approval, OR b. Be discharged onto a rock pad shaped in a manner so as to disperse flow (see Figure 4.3.51) if the runoff is less than 0.2 cfs peak • runoff rate for the 100-year, 24-hour duration design storm event • existing site conditions. 2. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT# 3: RUNOFF CONTROL, "Biofiltration,"as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: Proposed project runoff resulting from more than five thousand square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall not be treated prior to discharge from the project site by on-site biofiltration measures but shall instead be treated by a wetvault meeting the design criteria contained in Section 1.3.5 SPECIAL REQUIREMENT# 5: SPECIAL WATER QUALITY CONTROLS, and then a coalescing plate oil/water separator meeting the design criteria contained in Section 1.3.6 SPECIAL REQUIREMENT#6: COALESCING PLATE OIL WATER SEPARATORS. Note, storm detention (if needed) must occur prior to these water quality facilities, the water surface area and volume contained in the coalescing plate oil separator shall be creditable towards meeting the size requirement of the last cell in the upstream wetvault. Requirements for Zone 2 of an Aquifer Protection Area: Proposed project runoff resulting from more than five thousand square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall be treated prior to discharge from the project site by on-site biofiltration measures as described in Section 4.6.3 in Chapter 4 of the 5 • • King County Surface Water Design Manual. All biofiltration facilities must be lined using the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. The biofiltration design flow rate shall be based on the peak rate of runoff for the 2-year, 24-hour duration design storm event total precipitation. Note, biofiltration facilities installed following peak rate runoff control facilities may be sized to treat the allowable release rate (pre-developed) for the 2-year 24-hour duration design storm event for the peak rate runoff control facility. Biofiltration facilities installed prior to peak rate runoff control facilities shall be sized based on the developed conditions with the design flow rate being the peak rate of runoff resulting from the water quality design storm event as described in Section 1.3.5, Special Requirement #5: SPECIAL WATER QUALITY CONTROLS. 3. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT # 3 RUNOFF CONTROL, "Detention Facilities," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new detention ponds to control the peak rate of runoff from, new or existing impervious surfaces subject to vehicular use or storage of chemicals. 4. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT# 3 RUNOFF CONTROL, "Runoff Control," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new detention ponds to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. 5. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT # 3: RUNOFF CONTROL, "Infiltration Facilities," as follows: 6 • Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new infiltration facilities to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use.or storage of chemicals. 6. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.4 CORE REQUIREMENT # 4: CONVEYANCE SYSTEM, "(4) For new drainage ditches or channels,"as follows: Add at end of existing.section: Requirements for Zone 1 of an Aquifer Protection Area: New drainage ditches or channels shall not be employed to convey the runoff resulting from impervious surface that is subject to vehicular use or storage of chemicals. Requirements for Zone 2 of an Aquifer Protection Area: New drainage ditches or channels shall only be employed when a pipe system is not feasible. New drainage ditches or channels shall be lined using the design criteria, and existing drainage ditches or channels reconstructed, to convey the peak runoff from the 25 year design storm using the design criteria described in' the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. and the Methods of Analysis described in Section 4.3.7 in Chapter 4 of the King County Surface Water Design Manual with a freeboard to overflow of 0.5 feet. In addition, new drainage ditches or channels must be demonstrated to convey the peak runoff from the 100 year design storm without overtopping. 7. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.4 CORE REQUIREMENT#4: CONVEYANCE SYSTEM,"Composition," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: New conveyance systems shall be constructed in accordance with the Pipeline Requirements specified in Section 8-8-6.D of the Aquifer Protection Ordinance. Proposed projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or 7 • storage of chemicals. Said impervious surface shall be provided with the proper catch basins and a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. Requirements for Zone 2 of an Aquifer Protection Area: Proposed projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or storage of chemicals. Said impervious surface shall be provided with the proper catch basins and a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. 8. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT # 5: SPECIAL WATER QUALITY CONTROLS as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area Threshold IF a proposed project will discharge runoff from more than five thousand square feet of impervious surface that will be subject to vehicular use or storage of chemicals. • Requirement THEN a wetvault meeting the standards described above shall be employed to treat a project's runoff prior to treatment by the coalescing plate oil/water separator and discharge from the project site. New or existing retrofitted wetvaults and appurtenances shall meet the Pipeline Requirements specified in Section 8(E) of the Aquifer Protection Ordinance. 9. Amend: Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT# 5: SPECIAL WATER QUALITY CONTROLS Requirements for Zone 2 of an Aquifer Protection Area: 8 f i , Threshold IF a proposed project will construct more than one acre of impervious surface that will be subject to vehicular use or storage of chemicals and: a. Proposes direct discharge of runoff to a regional facility, receiving water, lake, wetland, or closed depression without on-site peak rate runoff control; OR b. The runoff from the project will discharge into a Type 1 or 2 stream, or Type 1 wetland,within one mile form the project site; OR c. An infiltration facility will be used to provide the peak rate runoff control for site sub-basin areas with more than one acre of new or existing impervious surface that will be subject to vehicular use or storage of chemicals. Requirement THEN a wetpond meeting the standards described above shall be employed to treat a project's runoff prior to discharge from the site. A wetvault or water quality Swale, as described above, may be used when a wetpond is not feasible. 10. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT # 6: COALESCING PLATE OIL/WATER SEPARATORS as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: Threshold IF a proposed project will discharge runoff from more than five thousand square feet of impervious surface that will be subject to vehicular use or storage of chemicals... Requirement THEN a coalescing plate, or equivalent, oil/water separator (as described above) shall be employed to treat this runoff following wetvault treatment and storm detention and discharge from the project site. 9 • SECTION W. Section 4-31-11.D of Chapter 31, Zoning Code, of Title IV (Building Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby deleted. SECTION V. Section 4-31-33.B.1 of Chapter 31, Zoning Code, of Title IV(Building Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended to read as follows: 4-31-33.B.1: For all development in the Manufacturing Park (M-P), Office Park (O- P), Public Use (P-1), and Business (B-1) Zones and the R-1-5, R 2, R-3 and R-4 Residential Zones, all development with the Valley Planning Area, and for all hazardous waste treatment and storage facilities. For all development in the Light Industrial (L-1) and Heavy Industrial (H-1)Zones that fall within Zone 1 or Zone 2 of an Aquifer Protection Area. 1.•1•1 a . I• - . _ ' - • ' • .. _ • ir • . I - - ' - - £ - - •- - - - -„ •- - - 5 2 6. AQUIFER PROTECTION AREA PERMITS: All permittcc3, bcforc final - •• ... II - - - - - - - • -- - SECTION VI. Chapter 5, Business Licenses, of Title V (Finance and Business Regulations), of Ordinance No. 4620 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding the following section: 5-5-5: Requirements for Business License Applications within an Aquifer Protection Area: All applications for business licenses within a designated Aquifer Protection Area (Zones 1 and 2) shall be required to include an inventory of regulated substances to be used on site. This inventory shall be on a form provided by the City and include type, quantity 10 • and form of regulated substances. The Water Utility shall review these inventories prior to issuance of the business license. SECTION VII. Chapter 5, Sewers, of Title VIII(Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding the following section: 8-5-21: REQUIREMENTS THAT APPLY WITHIN ZONES 1 AND 2 OF AN AQUIFER PROTECTION AREA: For properties located in Zone 1 of an Aquifer Protection Area, additional requirements pertaining to.sewers are specified in the following sections of the Aquifer Protection Ordinance (Ordinance No. ): Section 8-8-6.C, Wastewater Disposal Requirements; Section 8-8-6.D, Pipeline Requirements; and Section 8-8-6.E, Construction Activity Standards. For properties located in Zone 2 of an Aquifer Protection Area, additional requirements pertaining to sewers are specified in the following sections of the Aquifer Protection Ordinance (Ordinance No. ): Section 8-8-7.B, Review of Proposed Facilities; Section 8-8-7.C, Wastewater Disposal Requirements; Section 8-8-7.D, Pipeline Requirements; and Section 8-8-7.E, Construction Activity Standards; and Section 8-8-7.G, Potential to Degrade Groundwater. SECTION VIII. Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances.of the City of Renton" is hereby amended by adding the following Chapter: CHAPTER 8 AQUIFER PROTECTION SECTION: 8-8-1: Purpose and Intent 8-8-2: Definitions 8-8-3: Applicability 8-8-4: Provisions for Certain Regulated Substances Used in the Aquifer Protection Area 8-8-5: Aquifer Protection Areas and Zones 8-8-6: Regulations Which Apply Within Zone 1 of an APA 8-8-7: Regulations Which Apply Within Zone 2 of an APA 8-8-8: Regulations for Existing Solid Waste Landfills 8-8-9: Aquifer Protection Area Permits 11 8-8-10: Operating Permit Conditions 8-8-11: Regulated Substances Management Plan 8-8-12: Groundwater Monitoring Plan 8-8-13: Unauthorized Releases 8-8-14: Closure Permits and Permit Conditions 8-8-15: Enforcement 8-8-16: Notice of Violation 8-8-17: Injunctive Relief 8-8-18: Other Laws, Rules, and Regulations 8-8-19: Penalties 8-8-20:Administrative Rule 8-8-21: Modifications,Waivers,Alternatives, Tests 8-8-22:Appeals 8-8-23:Aquifer Protection Variance Procedures 8-8-24: Effective Date 8-8-25: Severability. 8-8-1: PURPOSE AND INTENT: A. PURPOSE. The purpose of this Ordinance is to protect aquifers used as potable water supply sources by the City of Renton from contamination by regulated substances. This Ordinance establishes regulations for land uses within Aquifer Protection Areas; construction, inspection and monitoring standards for new and existing regulated substance facilities; uniform standards for release reporting, emergency response, substance management planning, closure and.abandonments, and enforcement; and permit procedures. B. INTENT. • It is the intent of this Ordinance to provide a method: 1. To protect the groundwater resources of the City of Renton. 2. To provide a means of regulating specific land uses within Aquifer Protection Areas. 3. To provide a means of establishing safe construction practices for projects built within an Aquifer Protection Area. 4. To protect the City of Renton's drinking water supply from impacts by facilities that store, handle, treat, use, or produce substances that pose a hazard to groundwater quality. 5. To protect public health and the environment by implementing the State Environmental Policy Act(RCW 43.21.C). 6. The provisions of this Ordinance will be re-evaluated by the City Council after July 1, 1993 to determine whether the Ordinance is meeting the goal of effective aquifer protection. This review period will allow staff to compile and assess regulated substance data submitted in operating permit applications for Aquifer Protection Area Zone 1. 12 Cleanups, monitoring and/or studies undertaken under supervision of .the Washington Department of Ecology or the U.S. Environmental Protection Agency are established by State and Federal laws and are not covered by this Ordinance. The Generic Regulated Substances List attached and incorporated as Exhibit 1 to this Ordinance is provided for informational purposes. Persons that store, handle, treat, use, or produce a substance on the Generic Regulated Substances List may be storing, handling, using, or producing a Regulated Substance as defined by this Ordinance and, therefore, may be subject to the requirements of this Ordinance. In addition to the provisions of this Ordinance, all underground storage facilities shall meet all applicable provisions and requirements of Title VII, Chapter 2, Underground Storage and Secondary Containment Ordinance, of the Code of the City of Renton. In addition to the provisions:of this Ordinance, all hazardous substance facilities and installations shall meet all applicable provisions and requirements of Articles 80 of the Uniform Fire code, and City of Renton Ordinance No. 4186, Zoning Requirements for Hazardous Waste Treatment and Storage Facilities. 8-8-2: DEFINITIONS: A. ADMINISTRATOR shall mean the Administrator of the Department of Planning/Building/Public Works of the City of Renton, or any successor office with responsibility for management of the Public Properties within the City of Renton, or his/her designee. B. AQUIFER shall mean a groundwater-bearing geologic formation or formations that contain enough saturated permeable material to yield significant quantities of water to wells. C. AQUIFER PROTECTION AREA(APA) shall be the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City of Renton, as defined in Exhibit 2 to this Ordinance. D. AQUIFER PROTECTION AREA PERMIT shall mean an authorization by the Utility for a person to store, handle, treat, use or produce a regulated substance within an APA. The two types of permits that will be issued pursuant to this Ordinance are an Operating Permit and a Closure Permit. E. AQUIFER PROTECTION ZONES are zones of an APA designated to provide graduated levels of aquifer protection. Each APA may be subdivided into two aquifer protection zones: 1. Zone 1: The land area situated between a well or well field owned by the City of Renton and the 365-day groundwater travel time contour. 2. Zone 2: The land area situated between the 365-day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City of Renton. 3. Protected APA designated Zone 2: If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata, the City of Renton may choose not to subdivide an APA into two zones. In such a case, the entire APA will be designated as Zone 2. 13 F. CONSTRUCTION ACTIVITY means construction and all activities associated with construction, to include, but not be limited to, mining; grading; landfilling; excavating; and repair and maintenance of structures, equipment, and other appurtenances. G. CONTAINMENT DEVICE means a device that is designed to contain an unauthorized release, retain it for cleanup, and prevent released materials from penetrating into the ground. H. EPA shall mean the United States Environmental Protection Agency. I. FACILITY means all contiguous land within an APA, structures, other appurte- nances, and improvements on the land wherein regulated substances are stored, handled, treated, used, or produced in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. Pipelines including storm and sanitary sewers, interstate freeways, state highways, arterials, and railroads are facilities for purposes of construction standards and operations review only, are not prohibited in Zone 1, and do not require an Aquifer Protection Area Operating Permit. These facilities may, however, be subject to special requirements that are supportive of aquifer protection, contained in relevant sections of the City code, and applied during the construction standards and operations review process. J. GROUNDWATER means water below the land surface in the zone of saturation. K. GROUNDWATER MONITORING PLAN shall mean a plan containing procedures to be followed to assess groundwater quality for concentrations of those chemicals identified in the operating permit. L. GROUNDWATER MONITORING WELL means a small-diameter well installed for purposes of sampling and monitoring groundwater. M. HAZARDOUS WASTE TREATMENT, STORAGE,AND DISPOSAL FACILITY means any facility regulated pursuant to 40 CFR 264 or 265, or WAC 173-303-280 through WAC 173-303-670. N. OPERATOR means any person in control of, or having responsibility for, the daily operation of a facility. O. OWNER may include a duly authorized agent or attorney, a purchaser, devisee, fiduciary, and/or a person having vested or contingent interest in the property and/or facility in question. P. PERSON shall mean any person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, owner, lessee, tenant, or any other entity whatsoever or any combination of such,jointly or severally. Q. PIPELINE shall mean buried pipe systems (including all pipe, pipe joints, fittings, valves, manholes, sumps, and appurtenances that are in contact with the substance being transported) utilized for the conveyance of regulated substances: Pipelines include, but are not limited to, sanitary sewers, side sewers, storm sewers, leachate pipelines, and product pipelines. 14 R. POTABLE WATER shall mean water that is satisfactory for drinking, culinary, and domestic purposes meeting current county, state, and federal drinking water standards. S. REGULATED SUBSTANCES shall mean any flammable liquids, combustible liquids, hazardous materials, and other substances,which are more particularly defined as: 1. FLAMMABLE LIQUID is any liquid having a flash point below 100 degrees F and having a vapor pressure not exceeding 40 pounds per square inch (absolute)at 100 degrees F. 2. COMBUSTIBLE LIQUID is a liquid having a flash point at or above 100 degrees F. 3. HAZARDOUS MATERIALS shall include such materials as flammable solids, corrosiveliquids, radioactive _materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hyperbolic materials,,and pyrophoric materials as defined in Article 9 of the Uniform Fire Code and any substance or mixture of substances which is an irritant or a strong sensitizer or which generates pressure through exposure to heat, decomposition, or other means. 4. OTHER SUBSTANCES shall mean: a. A Hazardous Substance as defined by Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or (1)any substance designated pursuant to Section 311(b) (2) (A) of the Clean Water Act(CWA); (2)any element, compound, mixture, solution, or substance designated pursuant to Section 102 of CERCLA; (3)any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not including any waste, the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress); (4)any toxic pollutant listed under Section 307 (a) of the CWA; and (5) any imminently hazardous chemical substance or mixture with respect to which EPA has taken, action pursuant to Section 7 of the Toxic Substances Control Act. b. Hazardous Substances that include any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090, 173-303-101, 173-303-102, or 173-303-103. c. Hazardous Waste as designated in WAC 173-303 as dangerous or extremely hazardous waste. d. Any material that may degrade groundwater quality when improperly used, stored, disposed of, or otherwise mismanaged. T. REGULATED SUBSTANCES MANAGEMENT PLAN shall mean a plan containing procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a regulated substance. U. SOLID WASTE shall be defined as per Chapter 173-304 WAC, Minimal Functional Standards for Solid Waste Handling, WAC 173-304-100 (73). 15 V. UNAUTHORIZED RELEASE means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a regulated substance in a quantity greater than 1 gallon (5 pounds)per incident from a facility into a containment system, into the air, into groundwater, surface water,.surface soils or subsurface soils. Unauthorized release does not include: intentional withdrawals of regulated substances for the purpose of legitimate sale, use, or disposal; and discharges permitted under federal, state, or local law. W. UNDERGROUND STORAGE FACILITY shall be defined as in City of Renton Ordinance No. 4147, Underground Storage Tank Secondary Containment Ordinance, Section 71204(1). X. UNDERLYING PERMITS shall mean permits required by the City of Renton, including but not limited to building permits; conditional use permits; mining, excavation, and fill and grade permits; shoreline development permits; site plan reviews; variance rezones; planned unit developments; and subdivision, short subdivision, and land use permits. Y. UTILITY shall mean the City of Renton Water Utility. Z. UTIIITY STANDARDS shall mean standard design and construction practices adopted by the Utility. AA. WELL FIELD shall mean an area which contains one or more wells for obtaining a potable water supply. BB. WELL shall mean a pit or hole dug into the earth to reach an aquifer. 8-8-3: APPLICABILITY: A. Persons who own and/or operate one or more facilities in an Aquifer Protection Area (APA) shall comply with this Ordinance except as preempted by federal or state law. If the operator of the facility is not the owner, then the owner shall enter into a written contract with the operator requiring the operator to comply with this Ordinance. Execution of this contract between the owner and operator shall not' absolve the owner of the legal responsibility for compliance. Any person who owns or operates more than one facility in a single Zone of the APA shall have the option of obtaining one permit for all operations if the operations at each facility are similar and the permit requirements under this Ordinance are applicable to each facility individually. B. The effective date for permit applications is January 1, 1993. C. Within six (6) months of the effective date for permit applications, all existing facilities located in Zone 1 of an APA must file an APA Operating Permit, Closure Permit, or relocation application with the Utility. D. Within one (1)year of the effective date for permit applications, all existing facilities located in Zone 2 of an APA must file an APA Operating Permit or Closure Permit application with the Utility. Within two (2) years of this effective date, all existing facilities located in Zone 2 of an APA must comply with the permitting requirements of this Ordinance including construction, containment, monitoring, and inspection, and must have an approved Regulated Substances Management Plan. 16 E. All proposals for new facilities within any Zone of an Aquifer Protection Area must be reviewed for compliance with this Ordinance including obtaining an Operating permit pursuant to this Ordinance, prior to issuance of any underlying permits. F. All owners and/or operators of facilities which store, handle, treated, use, or produce regulated substances or have done so in the past, must comply with the permit requirements, release reporting requirements, and closure requirements as set forth in this Ordinance. G. All Aquifer Protection Area operating permits must be renewed by the Utility on an annual basis. H. Exemptions: 1. The storage and handling of regulated substances for resale in their original unopened containers of five (5)gallons or twenty-five (25)pounds or less shall be exempt from the permit requirements of this Ordinance. 2. De Minimus Usage of Regulated Substances: Facilities that use, store, or handle regulated substances in quantities of five (5)gallons or twenty-five (25)pounds or less of any one regulated substance, and in aggregate quantities of twenty (20)gallons or one-hundred (100)pounds or less of all regulated substances, shall be exempt from the permit requirements of this Ordinance. Where regulated substances are dissolved in or mixed with other non- regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this ordinance. 3. Single family residences and other strictly residential uses are exempt from the permit requirements of this Ordinance provided that no home business (as defined by Title 4, Chapter 31 of the Code of the City of Renton) is operated on the premises. 4. Fuel tanks and fluid reservoirs attached to a private or commercial motor. vehicle and used directly in the operation of that vehicle shall be exempt from the permit requirements of this Ordinance. 5. Existing heating systems using fuel oil are exempt from the requirements of this Ordinance. 6. If the Utility determines that an existing or proposed activity, that is exempt from the permit requirements of this Ordinance pursuant to this section, has a significant or substantial potential to degrade groundwater quality, then the Utility may classify that activity as a facility as defined by this Ordinance, and therefore require that facility to comply with the permit requirements of this Ordinance. Such determinations will be based upon site-specific data and shall be eligible for appeal pursuant to Section 8-8-22 of this Ordinance. 7. Public interest emergency use and storage of regulated substances by governmental organizations is exempt from the permit requirements of this Ordinance. 8. Regulated substances used by the City of Renton in water treatment processes are exempt from the permit requirements of this Ordinance. 17 • 9. Fueling of equipment not licensed for street use is exempt from the permit requirements of this Ordinance, provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent leakage. 10. Regulated substances contained in properly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part of routine use are exempt from the permit requirements of this ordinance. 8-8-4: PROVISIONS FOR CERTAIN REGULATED SUBSTANCES USED IN THE AQUIFER PROTECTION AREA: A. The application of regulated substances such as pesticides, herbicides, and fungicides in recreational, agricultural, pest control, and weed control activities, and in quantitiesgreater than the de minimis amounts specified in Section 8-8-3.11.2 of this Ordinance, shall be allowed in an APA provided that: 1. The application is in strict conformity with the use requirements as set forth by the EPA and as indicated on the containers in which the substances are sold. 2. Applicators of these regulated substances apply for a Modified Aquifer Protection Area Operating Permit. B. The application of fertilizers containing nitrates, and in quantities greater than the de minimis amounts specified in Section 8-8-3-H.2 of this Ordinance, shall be allowed in an APA provided that: 1. No application of nitrate-containing materials shall exceed one-half (0.5)pound of nitrogen per thousand square feet per single application or a total yearly application of five (5)pounds of nitrogen per thousand square feet; except that an approved slow-release nitrogen may be applied in quantities of up to nine-tenths (0.9) pound of nitrogen per thousand square- feet per single application or eight (8)pounds of nitrogen per thousand square feet per year; and 2. Applicators of these regulated substances apply for a Modified Aquifer Protection Area Operating Permit. C. Storage of regulated substances described in Section 8-8-4.A above, in quantities greater than the de minimus amounts specified in Section 8-8-3.11.2 of this Ordinance shall be subject to the full Aquifer Protection Area Operating Permit requirements specified in the Ordinance. 8-8-5: AQUIFER PROTECTION AREAS AND ZONES: A. The locations of Aquifer Protection Areas (APA) in the City of Renton are defined in Exhibit 2 to this Ordinance. Aquifer Protection Area Maps are on file with the City Clerk, the Department of Planning/Building/Public Works, and the Renton Fire Department. Exhibit 3 contains the legal description of the APA. B. Determination of location within a Zone of an Aquifer Protection Area: In determining the location of facilities within the zones defined by Exhibit 2, the following rule shall apply. 18 1. Facilities located wholly within an APA zone shall be governed by the restrictions applicable to that zone. 2. Facilities having parts lying within more than one zone of an APA shall be governed as follows: each part of the facility shall be reviewed and regulated by the requirements set forth in this Ordinance for the zone in which that part of the facility is actually located. 3. Facilities having parts lying both in and out of an APA shall be governed as follows: a. That portion which is within an APA shall be governed by the applicable restrictions in this ordinance, and b. That portion which is not in an APA shall not be governed by this ordinance. C. The Aquifer Protection Area which is identified herein is designated as an Environmentally Sensitive Area pursuant to the State Environmental Policy Act, WAC 197-11-908, and Title W, Chapter 7, Section 4-2828 of the City Code. The following SEPA categorical exemptions shall not apply within said area: WAC 197- 11-800: (1), (2) c through g, (3), (5), 6(a), 14(c), (24) c, e, f, .(25) h; and Chapter 7, Section 4-2826 of this Code. 8-8-6: REGULATIONS WHICH APPLY WITHIN ZONE 1 OF AN APA: A. REMOVAL OF EXISTING FACILITIES. Optional Additional Language: 1. Ten (10) years after the effective date of this ordinance, the storage, handling, use, treatment or production of any regulated substance in quantities greater than the de minimus amounts specified in Section 8-8- 3.H.2 of this Ordinance at existing facilities shall not be allowed within Zone 1 of an APA. 1. Existing facilities located in Zone 1 of an APA and using, storing or producing regulated substances over the de minimis quantity must apply for an operating permit, closure permit or relocation assistance within 6 months of the effective date for permit applications. 2. The City is offering relocation incentives to facilities in Zone 1 of an APA that use, store or produce regulated substances and who wish to relocate outside of Zone 1 to include: a. Waiver of Special Utility Connection Charges fees if relocation is within the City of Renton limits and occurs within 5 years of the effective date for permit applications. b. In the first year following the effective date for permit applications, the City shall pay 60% of documented relocation expenses up to $60,000; in the second year following the effective date for permit applications, the City shall pay 50% of documented relocation expenses up to $25,000; in the third year following the effective date for permit applications, the City shall pay 40% of documented relocation expenses up to 19 $15,000; in the fourth year the City shall pay 30% of documented relocation expenses up to $5,000. Payment shall be made only if relocation is within the City limits of Renton. c. Timing of payment of relocation expenses and completion of other specific requirements shall be made according to the administrative rule to be adopted by the Administrator. To be eligible for a specific years reimbursement schedule, relocation must be completed within 18 months of the start of each year. 3. Once a facility in Zone 1 is closed, relocated, or the use of regulated substances is terminated, reinstatement of the use of regulated substances on the site in quantities greater than de minimis quantities shall be prohibited. 4. Closure of a facility.or termination of any or all facility activities shall be conducted in accordance with the closure requirements (Section 8-8-14) of this Ordinance. B. REVIEW OF PROPOSED ACTIVITIES. 1. Within Zone 1 of an APA, no changes in land use and no construction activities shall be allowed unless a finding is made by the Utility that the proposal will not impact the long term, short term or cumulative quantity or quality of the aquifer. The finding shall be based on the present or past activities conducted at the facility; regulated substances stored, handled, treated, used or produced; and the potential for the activities or regulated substances to degrade groundwater quality. 2. Changes in land use and types of new facilities which are prohibited within Zone 1 of an APA include, but are not limited to: any use in which regulated substances are used, stored, treated, or handled; or which produces moderate risk waste, hazardous waste, and/or dangerous waste. The use of regulated substances in de minimus quantities as defined in Section 8-8-3.H.2 of this Ordinance shall be exempt from this provision. 3. The conversion of heating systems to fuel oil or the installation of new fuel oil heating systems in Zone 1 of the APA after the effective date of this Ordinance is prohibited. 4. The following specific changes in land use and types of new facilities will be prohibited within Zone 1 of an APA: surface impoundments (as defined in WAG 173-303 and 304); waste piles (as defined in WAC 173-303 and 304); hazardous waste treatment, storage, and disposal facilities; all types of landfills including solid waste landfills; transfer stations; septic systems; recycling facilities that handle regulated substances; underground storage facilities; and petroleum product pipelines. 5. All applications for changes in land uses and for all underlying permits in Zone 1 of the APA must be reviewed for compliance with this Ordinance. The focus of review for all permits will be on the substances that will be stored, handled, treated, used or produced; and the potential for these substances to degrade groundwater quality. All permits required pursuant to this Ordinance must be issued prior to or concurrent with the issuance of permits for construction activities or underlying permits for these activities. 20 6. All proposals for changes in land use or for construction activities shall be subject to site plan review pursuant to Title N, Chapter 31, Section 4-31-33. 7. In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the quantities of regulated substances stored, handled, treated,used, or produced in excess of quantities reported in the initial Aquifer Protection Area Operating Permit unless granted a special permit. C. WASTEWATER DISPOSAL REQUIREMENTS. 1. New developments (residential and non-residential) shall, as a condition of the building permit, be required to connect to a central sanitary sewer system prior to occupancy. 2. Existing developments (residential and non-residential) may be required to connect to a central sewer system as a requirement of any Building Permit issued after the effective date of this ordinance for the property. Optional Additional Language: 3. All existing developments (residential and non-residential) which are within 330 feet of an existing gravity sanitary sewer with capacity shall be required to connect within two years of the passage of this ordinance. All existing developments (residential and non-residential) which are located within 330 feet of a new gravity sanitary sewer line with capacity shall be required to connect within two years of the availability of the new sewer line. D. PIPELINE REQUIREMENTS. 1. All new and existing pipelines in Zone 1 shall be constructed or repaired in accordance with material specifications contained in Exhibit 4. All existing product pipelines in Zone 1 shall be repaired and maintained in accordance with best management practices and best available technology. 2. All new pipelines constructed in Zone 1 shall be tested for leakage in conformance with this paragraph prior to being placed into service. Pipeline leakage testing shall be conducted in accordance with best available technology, to the satisfaction of the Utility. Pipeline leakage testing methods shall be submitted to the Utility for review prior to testing and shall include: a detailed description of the testing methods and technical assumptions; accuracy and precision of the test; proposed testing durations, pressures, and lengths of pipeline to be tested; and scale drawings of the pipeline(s) to be tested. Upon completion of testing, pipeline leakage testing results shall be submitted to the Utility and shall include: record of testing durations, pressures, and lengths of pipeline tested; and weather conditions at the time of testing. Routine leakage testing of new pipelines constructed in Zone 1 may be required by the Utility. 3. If the Utility has reason to believe that the operation or proposed operation of an existing pipeline in Zone 1 of an APA may degrade groundwater 21 • quality, the Utility may require: leakage testing of the existing pipeline in accordance with paragraph 2 of this subsection; and installation, sampling, and sample analysis of monitoring wells. Routine leakage testing of existing pipelines in Zone 1 may be required by the Utility. Criteria for this determination is specified under Section 8-8-7.G.2 of this ordinance. 4. Should pipeline leakage testing reveal any leakage at any level then the Utility shall require immediate repairs to the pipeline to the satisfaction of the Utility such that no infiltration of water into the pipeline or exfiltration of substances conveyed in the pipeline shall occur. Any repairs which are made shall be tested for leakage pursuant to paragraph 2 of this subsection. E. CONSTRUCTION ACTIVITY STANDARDS. The following standards will be followed for any construction activity which shall be undertaken within Zone 1 of an APA and shall be included as conditions of any underlying permit. These standards shall apply to the storage, handling, treatment, use, or production of regulated substances in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. 1. No temporary storage of regulated substances on-site shall be permitted unless it can be demonstrated that no other feasible site alternative exists. The feasibility determination shall be made based on avoiding the probable threat to the aquifer balanced against unreasonable or excessive expense and extreme impracticality, not inconvenience. Should regulated substance storage be permitted, then such storage shall be limited to a period not to exceed five (5) consecutive weekdays or longer if security or project personnel are on site. In any case, temporary regulated substance storage shall be limited to a maximum of fifteen(15) days. 2. The underlying permit shall specify those regulated substances to be used and/or temporarily stored on-site. These substances shall be limited to the absolute minimum quantity required to accomplish the specific task. 3. All regulated substances stored temporarily on-site shall be secondarily contained within leak-proof structures (liners, vaults, paved areas with curbing, etc.). The location of temporary storage must be specified on the building plans or site plans with a copy to the Renton Fire Department and Utility. 4. The construction activity staging area shall be located in Zone 1 of an APA only if no feasible site exists outside Zone 1. The staging area shall be limited to the minimum area absolutely required. The staging area must be specified on the approved building or site plans. 5. The use of petroleum products on site shall be limited during construction activities to that amount which is necessarily required. 6. All refueling of equipment shall take place outside of Zone 1 if feasible. If such refueling is not feasible, then the refueling area must be covered with a leak-proof membrane surrounded by temporary retaining walls. 7. All equipment directly associated with performance of the construction activity shall be "bibbed" to contain leakage of petroleum products. Bibs shall be drained and cleaned a minimum of once each day. Any such equipment 22 which is known to be leaking petroleum products, including fuel or hydraulic fluid, shall be prohibited on the site. 8. The contractor shall comply with all applicable laws relating to disposal of hazardous substances and shall be contractually responsible for ensuring that all subcontractors comply as well. F. REQUIREMENTS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING FACILITIES. The following conditions will be required as part of any Operating Permit issued in Zone 1 of an APA. These conditions must be met within two (2) years of the effective date for permit applications. 1. Containment: Every owner/operator of a facility shall provide containment devices adequate in size to contain on-site any unauthorized release of regulated substances from any area where these substances are either stored, handled, treated, used, or produced. Containment devices shall prevent such substances from penetrating into the ground. This provision also applies to releases that may mix with storm runoff. Design requirements for containment devices are as follows: a. The containment device shall be large enough to contain 110 (one hundred ten) percent of the volume of the container in cases where a single container is used to store, handle, treat, use, or produce a regulated substance. In cases where multiple containers are used, the containment device shall be large enough to contain 150 percent of the volume of the largest container or 10 percent of the aggregate volume of all containers,whichever is greater. b. All containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any regulated substance. If coatings are used to provide chemical resistance for containment devices, they shall also be resistant to the expected abrasion and impact conditions. Containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release. c. If the containment device is open to rainfall, then it shall be able to accommodate the volume of precipitation that could enter the containment device during a 24-hour, 100-year storm, in addition to the volume of the regulated substance storage required in Sub- section 2a above. d. Containment devices shall be constructed so that a collection system can be installed to accumulate, temporarily store, permit detection of the presence of, and permit removal of any storm runoff or regulated substance. e. Containment devices shall include monitoring procedures or technology capable of detecting the presence of a regulated substance within 24 hours following a release. 23 f. The following shall be prohibited within any areas used for containment of regulated substances: floor., drains, catchbasins, or other conveyance piping that does not discharge into a containment device that meets the requirements of this ordinance. Any existing conveyance piping that is prohibited by this paragraph shall be abandoned by sealing and decommissioning using procedures and designs approved by the Water Utility. 2. Regulated Substance Monitoring Requirements for Existing Facilities a. The owners or operators of all existing facilities shall implement regulated substances monitoring as part of the Regulated Substances Management Plan required by Section 8-8-11 of this Ordinance. b. All regulated substance monitoring activities shall include the following: (1). A written routine monitoring procedure which includes, when applicable: the frequency of performing the monitoring method, the methods and equipment to be used for performing the monitoring, the locations(s) from which the monitoring will be performed, the name(s) or titles(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment, and the reporting format. (2). Written records of all monitoring performed shall be maintained on-site by the operator for a period of 3 years from the date the monitoring was performed. The Utility may require the submittal of the monitoring records or a summary at a frequency that the Utility may establish. The written records of all monitoring performed in the past 3 years shall be shown to the Utility upon demand during any site inspection. Monitoring records shall include but not be limited to: i. The date and time of all monitoring or sampling; ii. Monitoring equipment calibration and maintenance records; iii. The results of any visual observations; iv. The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets; v. The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test results; and vi. The results of inventory readings and reconciliations. (3) Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually monitor. c. For facilities located in Zone 1 of an APA, on every day of operation, a responsible person designated by the permittee shall check for breakage or leakage of any container holding regulated substances. Electronic sensing devices approved by the Water Utility may be 24 • employed as part of the inspection process, provided that the system is checked daily for malfunctions. 3. Emergency Collection Devices. For facilities located in Zone 1 of an APA, vacuum suction devices, absorbent scavenger materials, or other devices approved by the Water Utility shall be present on site (or available within an hour by contract with a cleanup company approved by the Water Utility), in sufficient quantity to control and collect the total quantity of regulated substances plus absorbent material. The presence of such emergency collection devices and/or cleanup contract are the responsibility and at the expense of the owner/operator, and shall be documented in the Operating Permit. 4. Inspection of Containment and Emergency Equipment. For facilities located in Zone 1 of an APA, owners/operators shall establish procedures for•monthly in-house inspection and routine maintenance of containment and emergency equipment. Such procedures shall be in writing; a regular checklist and schedule of maintenance activity shall be established, and a log shall be kept of inspections and maintenance activities. Such logs and records shall be made available at all reasonable times to the Water Utility for examination. 5. Inventory of Regulated Substances. For facilities located in Zone 1 of an APA, owners/operators of all facilities shall keep and maintain an inventory of all regulated substances on site to include recording of all purchases, sales and use. This inventory shall be kept on site for a period of at least three years from the date the inventory was recorded and made available to the Water Utility at all reasonable times for inspection. 6. Employee Training. Operators of all facilities in Zone 1 shall schedule training for all employees twice per year to explain the conditions of the Operating Permit such as emergency response procedures, monitoring and reporting requirements, record keeping requirements, and the types and quantities of regulated substances on site. These training sessions will be documented and recorded and the names of those in attendance will be recorded. These records shall be made available at all reasonable times to the Water Utility for inspection. 7. Additional Operating Permit Requirements for Zone 1: By the fifth year following the effective date for permit applications, owners and/or operators shall complete the following: a. Groundwater Monitoring: For facilities located in Zone 1 of an APA, an owner/operator of a facility may, at its own expense, be required to install one or more groundwater monitoring wells as determined by and in a manner approved by the Utility. Criteria used to determine the need for monitoring wells shall include but not be limited to the proximity of the facility to the City's production or monitoring wells, 25 • the type and quantity of regulated substances on site, and whether or not the regulated substances are stored in underground vessels. Every owner required to install monitoring wells shall, at its own expense, sample groundwater in each monitoring well within thirty (30)days of completing well construction and semiannually thereafter, and obtain independent analytical results of the presence and concentration of those chemicals identified by the Utility in the Operating Permit(including breakdown and transformation products). The analytical results shall be obtained through the use of the EPA- approved methods for water. The results shall be filed within 72 hours with the Utility. b. Site Improvements. (1) For facilities located in Zone 1 of an APA, the owner/operator shall pave all currently unpaved areas of their facility that are subject to any vehicular use or storage, use, handling, or production of regulated substances. (2) For facilities located in Zone 1 of an APA, the owner/operator shall evaluate and upgrade the existing stormwater collection and conveyance system to meet the ordinance requirements(Section 2 and Section 8-8-6.D). c. Capital Cost Reimbursement for Additional Operating Permit Requirements. The City shall pay 50% of documented capital costs up to $25,000 for required installation and construction of monitoring wells, site paving and stormwater improvements as required in Section 8-8-6.F.7.a. Payment by the City shall be made according to adopted administrative rules. 8-8-7: REGULATIONS WHICH APPLY WITHIN ZONE 2 OF AN APA: A. EXISTING FACILITIES. The storage, handling, treatment, use or production of regulated substances at existing facilities shall be allowed within Zone 2 of an APA upon compliance with the provisions of this Ordinance. B. REVIEW OF PROPOSED ACTIVITIES. 1. Section 8-8-6.B of this Ordinance, which pertains to review of proposed facilities in Zone 1 of an APA, also applies to Zone 2 of an APA. 2. The conversion of heating systems to fuel oil or the installation of new fuel oil heating systems in Zone 2 of the APA after the effective date of this Ordinance is prohibited. 3. The following specific changes in land use and types of new facilities will be prohibited within Zone 2 of an APA: hazardous waste surface impound- ments; waste piles (as defined in WAC 173-303 and 304); recycling facilities 26 that handle regulated substances; hazardous waste treatment and storage facilities; solid waste landfills; transfer stations; septic systems; and petroleum product pipelines. C. WASTEWATER DISPOSAL REQUIREMENTS. 1. New developments (residential and non-residential) shall, as a condition of the building permit, be required to connect to a central sanitary sewer system prior to occupancy. .} .. • zZ- t ,-si- - - • --• -- • : . --, ., . - : : -- • : - - : - - - 2. Sanitary sewers shall be constructed in accordance with prevailing American Public Works Association (APWA) standards with respect to minimum allowable infiltration and exfiltration. D. PIPELINE REQUIREMENTS. If the Utility has reason to believe that the operation or proposed operation of ani existing pipeline in Zone 2 of an APA may degrade groundwater quality, the Utility may require: leakage testing in accordance with Section 8-8-6.D.2 of this Ordinance; installation, sampling, and sample analysis of groundwater monitoring wells; repair of the pipeline to the satisfaction of the Utility such that degradation of groundwater quality is minimized or eliminated. Criteria for this determination is specified under Section 8-8-7.G.2 of this ordinance. E. CONSTRUCTION ACTIVITY STANDARDS. Standards to be followed for any construction activity which shall be undertaken within Zone 2 of an APA for any underlying permit issued for the project shall be as • specified for Zone 1 of an APA in Section 8-8-6.E of this Ordinance. F. REQUIREMENTS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING AND NEW FACILITIES. Permit requirements as part of any permit issued in Zone 2 of an APA shall be as specified for Zone 1 of an APA in Section 8-8-6.F.1 and 2 of this Ordinance. G. POTENTIAL TO DEGRADE GROUNDWATER. 27 • 1. If the Utility determines that an existing or proposed facility located in Zone 2 of an APA has a potential to degrade groundwater quality which equals or exceeds that of a permitted facility in Zone 1, then the Utility may require that facility to fully comply with Section 8-8-6 of this Ordinance. 2. Criteria used to make this determination shall include but not be limited to the present and past activities conducted at the facility; types and quantities of regulated substances stored, handled, treated, used or produced; the potential for the activities or regulated substances to degrade groundwater quality; history of spills at the site, and presence of contamination on site. 3. Such determinations shall be subject to appeal pursuant to Section 8-8-22 of this Ordinance. 8-8-8: REGULATIONS FOR EXISTING SOLID WASTE LANDFILLS: A. The Utility shall have the authority to inspect and screen any excavated dirt, soil or other material prior to placement in a solid waste landfill if the material is suspected of containing contaminants at levels which may impact groundwater quality. The Utility may require the owner to conduct a sampling program to determine if contaminants are present in materials prior to landfilling. B. The Utility shall require an owner of a solid waste landfill to submit a groundwater monitoring program. The program shall include: 1. Number, locations and depths of monitoring wells to be installed; and 2. Monitoring well drilling and construction methods; and 3. Groundwater sample collection, shipment and handling procedures, including the frequency of sampling; and 4. List of constituents to be analyzed, including test methods; and 5. Procedure for measuring groundwater elevation; and 6. A statistical procedure for determining whether a significant change over background has occurred; and 7. A procedure for regular reporting of monitoring results to the Utility. 8-8-9: AQUIFER PROTECTION AREA PERMITS: A. No person, persons, corporation, or other legal entities shall install or operate a facility in an APA without first obtaining an Operating Permit from the Utility and a permit from the Department pursuant to the Uniform Fire Code, if required. B. The Utility shall not issue an Operating Permit for a facility unless adequate plans, specifications, test data, and/or other appropriate information has been submitted by the owner and/or operator showing that the proposed design and construction of the facility meets the intent and provisions of this Ordinance and will not impact the short term, long term or cumulative quantity or quality of groundwater. 28 C. No person, persons, corporation or other legal entity shall temporarily' or permanently abandon a facility in an APA without complying with the requirements of Section 8-8-14 Closure Permits and Permit Conditions of this Ordinance. D. No person, persons, corporation or other legal entity shall close a facility without first obtaining a Closure Permit to do so from the Utility. The Utility shall not issue a permit to temporarily or permanently close a facility unless adequate plans and specifications and other appropriate information has been submitted by the applicant showing that the proposed closure meets the intent and provisions of this Ordinance. E. The application for Operating Permits pursuant to this Ordinance shall be madeon a form provided by the City and shall be accompanied by the established fee, as described in Chapter 1,Title V, of Ordinance 4260. E .. .. . .. : : : _ .. 8-8-10: OPERATING PERMIT CONDITIONS: Specific conditions for Operating Permits issued to facilities in Zones 1 and 2 of an APA are described in Sections 8-8-6 and 8-8-7 of this Ordinance, respectively. The following general conditions shall be included as part of any Operating permit issued pursuant to this Ordinance: A. The Operating Permit application (for permits other than application of pesticides, herbicides, fungicides, or fertilizers containing nitrates) shall include at a minimum: 1. A list of the names and volumes of all regulated substances which are stored, handled, treated, used, or produced at the facility being permitted in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. 2. A list of the chemicals to be monitored through the analysis of groundwater samples if groundwater monitoring is anticipated to be required. 3. A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of regulated substances in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. 4. A description of the containment devices used to comply with the requirements of this Ordinance. 5. A proposed Regulated Substances Management Plan for the facility. 6. A description of the procedures for inspection and maintenance of containment devices. 7. A description of how regulated substances will be disposed. 8. A site map showing the location of the facility and its property boundaries and the locations where regulated substances in containers quantities greater than five (5) gallons or twenty-five (25) pounds in size are stored, handled, 29 • • treated, used, produced. The location of each containment device also should be identified on the site plan. B. Procedures for the in-house inspection and maintenance of containment devices and areas where regulated substances are stored, handled, treated, used, and produced shall be identified in the Operating permit for each facility. Such procedures shall be in writing, and a log shall be kept of all inspection and maintenance activities. Such logs shall be submitted to the Utility annually and shall be available for inspection. Inspection and maintenance logs shall be maintained on-site by the owner or operator for a period of at least 3 years from the date the monitoring was performed. C. The permittee shall report to the Utility within 15 days after any changes in a facility including: 1. The storage, handling, treatment, use, or processing of new regulated substances; 2. Changes-in monitoring procedures; or 3. The replacement or repair of any part of a facility that is related to the regulated substance(s). D. The permittee shall report to the Utility any unauthorized release occurrence, within 24 hours of its detection, in accordance with Section 15 of this Ordinance. E. An Operating Permit, issued by the Utility, shall be effective for 1 year. The Utility shall not issue a permit to operate a facility until the Utility determines that the facility complies with the provisions of these regulations. If an inspection of the facility reveals noncompliance, then the Utility must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit. The facility owner shall apply to the Utility for permit renewal at least 60 days prior to the expiration of the permit. F. Operating Permits may be transferred to a new facility owner/operator if the new facility owner does not change any conditions of the permit, the transfer is registered with the Utility within 30 days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership. G. Within 30 days of-receiving an inspection report from the Utility, the Operating Permit holder shall file with the Utility a plan and time schedule to implement any required modifications to the facility or to the monitoring plan needed to achieve compliance with the intent of this Ordinance or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Utility. H. Modified Operating Permits for the application of pesticides, herbicides, fungicides, or fertilizers containing nitrates(use provisions per Section 8-8-4 of this Ordinance)shall include the following: 1. A list of the names and chemical content of each regulated substance used for this purpose. 2. A description of the containment used in transport of the regulated substances to the site of application and the methods of application. 30 • 3. A Regulated Substances Management Plan that includes procedures for monitoring, cleanup, and disposal for leaks and spills of regulated substances. 4. Procedures for recording the date, amount, type, and location of regulated substances applied. Such records shall be kept up to date and be available for inspection at reasonable times by the Water Utility. 5. An annual modified Operating Permit covering all application operations of regulated substances by an applicator shall be obtained by the permittee. 8-8-11: REGULATED SUBSTANCES MANAGEMENT PLAN: A. A Regulated Substances Management Plan indicating procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a regulated substance shall be required as a condition of each Operating Permit. If a Spill Prevention Control and Countermeasure (SPCC) plan has been prepared in accordance with 40 CFR 264 or 265, a Regulated Substances Management Plan is not required as long as all of the regulated substances are included in the SPCC plan and the facility submits a copy to the Utility. B. The Regulated Substances Management Plan shall include: 1. Provisions to address the regulated substances monitoring requirements of Sections 9 and 10 of this Ordinance. 2. Provisions to address the pesticide, herbicide, fungicide, and fertilizer requirements of Section 8-8-4 of this Ordinance. 3. Provisions to train employees in the prevention, identification, reporting, control, disposal, and documentation of any unauthorized release of a regulated substance. 8-8-12: GROUNDWATER MONITORING PLAN: A. If a facility is required to install and monitor groundwater wells pursuant to Section 8-8-6.F.7.a then a Groundwater Monitoring Plan will be required. This plan must indicate procedures to be followed to assess groundwater quality for concentrations of those chemicals identified by the Utility in the Operating Permit. If a groundwater monitoring program is in effect per the requirements of 40 CFR 264 or 265, and this program includes all of the chemicals identified in the Operating Permit, then a separate Groundwater Monitoring Plan is not required by the Utility and the facility shall submit a copy of this program to the Utility. B. The Groundwater Monitoring Plan shall include provisions to address the groundwater monitoring requirements of Section 8-8-6.F.7.a and Section 8-8-13.D of this Ordinance. 8-8-13: UNAUTHORIZED RELEASES: A. General Provisions 31 All unauthorized releases as defined in Section 8-8-2.V. shall be reported to the Utility according to the provisions of this subsection. All unauthorized releases shall be recorded in the owner's inspection and maintenance log. Such an unauthorized release shall be determined to be an "unauthorized release requiring recording" if the release is completely captured by the containment device. If the containment device fails to contain the entire release, the release shall be determined to be an "unauthorized release requiring reporting." B. Unauthorized Releases Requiring Recording 1. Unauthorized releases requiring recording shall be reported to the Utility within 3 days after the release has been detected. 2. The incident report shall be accompanied by a written record including the following information: a. List of type, quantities, and concentration of regulated substances released. b. Method of cleanup. c. Method and location of disposal of the released regulated substances. d. Method of future release prevention or repair. If this involves a change in operation, monitoring, or management, the owner must apply for a new Operating Permit. e. Facility operator's name and telephone number. f. The approximate costs for cleanup to be submitted voluntarily. 3. The Utility shall review the information submitted pursuant to the report of an unauthorized release requiring recording, shall review the Operating Permit, and may inspect the facility. The Utility shall find that the containment standards of this ordinance can continue to be achieved, or the Utility shall revoke the permit until appropriate modifications are made to allow compliance with the standards. C. Unauthorized Releases Requiring Reporting 1. Unauthorized releases requiring reporting shall be reported to the Utility within 24 hours of discovery of the occurrence. 2. The report shall contain the following information that is known at the time of filing the report: a. List of type, quantity, and concentration of regulated substances released. b. The results of all investigations completed at that time to determine the extent of soil or groundwater or surface water contamination because of the release. c. Method of cleanup implemented to date, proposed cleanup actions and approximate cost of actions taken to date. 32 d. Method and location of disposal of the released regulated substance and any contaminated soils, groundwater, or surface water. e. Proposed method of repair or replacement of the containment device. f. Facility owner's name and telephone number. 3. Until cleanup is complete, as defined by the Model Toxics Control Act Cleanup Regulation (Chapter, 173-340 WAC), the owner shall submit reports to the Utility every month or at a more frequent interval specified by the Utility. The reports shall include the information requested in this Ordinance. D. Semiannually, the Utility shall review all groundwater monitoring results submitted by owners in an.APA to determine if an unauthorized release to groundwater has occurred. Either one of the following occurrences shall constitute an unauthorized release to groundwater: 1. A chemical concentration in an owner's monitoring well(s) that exceeds applicable legally-enforceable federal or state groundwater quality standards. 2. An upward trend in the concentration of a chemical as determined by a statistically based procedure. E. Upon confirmation of an unauthorized release to groundwater, the owner and/or operator shall be responsible for immediately accomplishing the following: 1. Locate and determine the source of the unauthorized release of the regulated substance(s). 2. Stop and prevent any further unauthorized release(s), if under the control of the owner and/or operator. 3. Comply with the requirements for an unauthorized release(s) requiring reporting. F. The owner shall not be subject to this mandatory action if the owner can present acceptable technical data that substantiate it is not responsible for the violation. In complying with this subsection, no new regulated substance(s)may be introduced in the place of the regulated substance(s)that caused the violation. G. If an unauthorized release creates or is expected to create an emergency situation with respect to the drinking water supply of the City of Renton, and if the facility owner fails to address the unauthorized release in a timely manner, the Utility or its authorized agents shall have the authority to implement removal or remedial actions. Such actions may include, but not be limited to, the prevention of further groundwater contamination; installation of groundwater monitoring wells; collection and laboratory testing of water, soil , and waste samples; and cleanup and disposal of regulated substances. The facility owner shall be responsible for any costs incurred by the Utility or its authorized agents in the conduct of such remedial actions. H. Reporting a release to the Utility does not exempt or preempt any other reporting requirements under federal, state, or local laws. 33 • • 8-8-14: CLOSURE PERMITS AND PERMIT CONDITIONS: A. No person shall close or cause to be closed a facility regulated pursuant to this Ordinance without first obtaining a Closure Permit from the Utility and a permit from the Renton Fire Department pursuant to the Uniform Fire Code, if required. B. Closure Permits shall be required for all facilities that cease to store, handle, treat, use, or produce regulated substances for a period of more than 365 days or when the owner has no intent within the next year to store, handle, treat, use, or produce regulated substances. During the period of time between cessation of regulated substance storage, handling, treatment, use, or production, and actual completion of facility closure, the applicable containment and monitoring requirements of this Ordinance shall continue to apply. C. Prior to closure, the facility owner shall submit to the Utility a proposal describing how the owner intendsto comply with closure requirements. Owners proposing to close a facility shall,comply with the following requirements: 1. Regulated substances shall be removed from the facility, including residual liquids, solids, or sludges to levels specified in 173-340 WAC, Model Toxic Control Act Cleanup Regulation. 2. When a containment device is to be disposed of, the owner must document to the Utility that proper disposal has been completed. 3. An owner of a containment device or any part of a containment device that is destined for reuse as scrap material shall identify this reuse to the Utility. D. The owner of a facility being closed shall demonstrate to the satisfaction of the Utility that no detectable unauthorized release has occurred or that unauthorized releases have been cleaned up (pursuant to the Model Toxics Control Act). This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or immediately after closure activities. E. If an unauthorized release is determined to have occurred, the facility owner shall comply with Section 16 of this Ordinance. F. Facility closure will be accepted as complete by the Utility upon implementation of the Closure Permit conditions and compliance with all other provisions of this Ordinance. 8-8-15: ENFORCEMENT: A. The Utility shall be the administering agency and shall have the power and authority to administer and enforce the provisions of this Ordinance. The Utility shall have the right to conduct inspections of facilities at all reasonable times to determine compliance with this Ordinance. Noncompliance with the provisions of this Ordinance is a violation. All permitted facilities in an APA will be subject to a minimum of one inspection per year by a Water Utility inspector or designee. By the fifth year following the effective date for permit applications, all permitted facilities in Zone 1 of the Aquifer Protection Area will be subject to monthly 34 • • inspections by a Water Utility inspector or designee to determine compliance with the provisions of the Ordinance. B. The Utility may revoke any permit issued pursuant to this Ordinance if it finds that the permit holder: 1. Has failed or refused to comply with any one of the provisions of this Ordinance; 2. Has submitted false or inaccurate information in the permit application; 3. Has failed to submit operational reports of other information required by this Ordinance; or 4. Has refused lawful inspection pursuant to this Section. 5. Has had 4 or more releases requiring reporting, or 2 or more incidents that result in detectable contamination of groundwater (as measured in monitoring wells). The owner and/or operator shall be cited by the Water Utility and shall immediately stop the use of and remove from the site any regulated substances present in quantities greater than de minimis. Such facility shall apply for a closure permit as defined in Section 8-8-14 within 4 weeks of citation. Reinstatement of the use of regulated substances in quantities greater than de minimis shall be prohibited on site. 6. Has violated the intent of this ordinance by intentionally dumping, spilling, or otherwise releasing regulated substances within the APA. The owner and/or operator shall be cited by the Water Utility and have their APA operating permit revoked. Such facilities must stop the use of and remove from the site any regulated substances in quantities greater than de minimis, and apply for a APA closure permit within 4 weeks of citation. Reinstatement of the use of regulated substances in quantities greater than de minimis shall be prohibited on site. The decision as to whether there has been an intentional violation under this section shall be made by the Administrator of the Department of Building/Planning/Public Works or his or her designee. 8-8-16: NOTICE OF VIOLATION: Whenever it is determined that there is a violation of this Ordinance, the notice of violation issued shall: A. Be in writing; and B. Be dated and signed by the authorized City of Renton agent making the inspection; and C. Specify the violation or violations; and D. Specify the length of time available to correct the violation after receiving the notice of violation. 35 8-8-17: IlsuUNCTIVE RELIEF: If any owner stores, handles, uses, or produces regulated substances without having obtained an Operating or Closure Permit as provided for herein or continues to operate in violation of the provisions of this Ordinance, then the City of Renton may file an action for injunctive relief in the Superior Court of the State of Washington for King County. All costs incurred for abatement by the City of Renton, including reasonable attorneys' fees, shall be paid by the owner operating without an Operating or Closure Permit or operating in violation of the provisions of this Ordinance or the permit. 8-8-18: OTHER LAWS,RULES,AND REGULATIONS: All owners within an APA must also comply with county, state, and federal laws, rules, and regulations related to the intent of this Ordinance. 8-8-19: PENALTIES: A. A violation of any of the provisions of this Ordinance shall constitute a misdemeanor and a nuisance. It shall be a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted. B. Any owner or operator who violates any provisions of this Ordinance shall be subject, upon conviction in court, to a fine not to exceed $500 per day per facility. C. In addition to any fines and penalties set forth above, the owner or operator shall reimburse the City of Renton, for all costs incurred as a result of responding to, containing, cleaning up, or monitoring the cleaning up and disposal of any spilled or leaked regulated substance. D. The names of all facilities and their owners/operators that have violated _ provisions of this Ordinance will be published in a local newspaper on an annual or more frequent basis. 8-8-20: ADMINISTRATIVE RULE: The Administrator shall adopt administrative rules for implementation that sets forth criteria relating to interpretation and enforcement of this Ordinance. 8-8-21: MODIFICATIONS,WAIVERS,ALTERNATIVES,TESTS: A. Modifications: Whenever there are practical difficulties involved in carrying out the provisions of this ordinance, the Department Administrator may grant minor modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, and that the minor modification is in conformity with the intent and purpose of this Code, and that such modification: 1. Will meet the objectives of environmental protection, safety, function, and maintainability intended by the Code requirements, based upon sound engineering judgment; and 36 • • 2. Will not be injurious to other property(s)in the vicinity; B. Waivers: Requirements of this ordinance may be waived upon determination by the Department Administrator that all impacts to the aquifer would be mitigated and protective measures will meet or exceed the requirements of this ordinance. C. Alternates The provisions of this Code are not intended to prevent the use of any material or method of construction or aquifer protection not specifically prescribed by this Code, provided any alternate has been approved and its use authorized by the Department Administrator. The Department Administrator may approve any such alternate, provided s/he finds that the proposed design is satisfactory and complies with the provisions of this Code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in environmental protection, safety, and effectiveness. The Department Administrator shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be written and entered in the files of the Code enforcement agency. D. Tests: Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that any action does not conform to the requirements of this Code, the Department Administrator may require tests as proof of compliance to be made at no expense to this jurisdiction. Test methods shall be as specified this Code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Department Administrator shall determine test procedures. 8-8-22: APPEALS: A. Any decision of the City in the administration of this chapter, such as administrative determinations, modifications, may be appealed to the Hearing Examiner. Appeals may be filed pursuant to the process described in the Code of General Ordinances of City of Renton, Section 4-8-11. The Hearing Examiner shall give substantial weight to any discretionary decision of the City rendered pursuant to this Chapter. Any decision of the Hearing Examiner on variances may be appealed to Superior Court. B. The Hearing Examiner, in determining whether or not to grant a variance, shall consider the following factors: 1. If there is available a feasible and effective measure to protect the aquifer outside of this ordinance. 2. The extent of the problem being resolved by the ordinance. 37 • 3. The contribution of the land being regulated to the problem. 4. The degree to which the aquifer protection ordinance solves the problem presented by the proposal. 5. The amount and percentage of value lost by application of the ordinance. 6. The quality of the aquifer to be impacted. 7. The extent of remaining uses for the parcel. 8. The past, present and future uses of the property. 9. The extent to which the landowner could predict the effects of this ordinance on the property. 8-8-23:AQUIFER PROTECTION VARIANCE PROCEDURES: If an applicant feels that the strict application of this Chapter would deny all reasonable use of the property or would deny installation of public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public health, safety and welfare, the applicant of a development proposal may apply for a Variance. An application for a Variance shall be filed with the Department Administrator. Requirements for a Variance include an environmental review pursuant to (SEPA) Washington Administrative code 197-11-300 (SEPA). A Variance shall be decided by the Hearing Examiner based on the following standards set forth in this Section: A. The Hearing Examiner, in granting approval of a variance, must determine: 1. that the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to the subject property, including the size, shape topography, location or surroundings of the subject property, and the strict application of the code is found to deprive subject, property owner of rights and privileges enjoyed by other property owners in the vicinity and other identical zone classification; and 2. that the granting of the variance will not be materially detrimental to the public welfare or injurious to the water supply aquifer; and a. that no economically viable alternative with less impact on the aquifer is physically and/or legally possible; and b. that there is no feasible on-site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to the aquifer; and c. that the proposed activities will not cause significant degradation of groundwater or surface-water quality; and d. that the applicant has taken deliberate measures to minimize aquifer impacts, including but not limited to the following: 38 • limiting the degree or magnitude of the regulated substance and activity; and • limiting the implementation of the regulated substance and activity; and • using appropriate and best available technology; and • taking affirmative steps to avoid or reduce impacts. e. that there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and f. that the inability to derive reasonable economic use of the property is not the resultof actions by the applicant in creating an uneconomic business condition and use of the property after the effective date of this chapter. 3. that if government and quasi-governmental agencies are granted a variance under this section, they will meet the following additional conditions: a. competing public policies have been evaluated and it has been determined by the Department Administration that the public's health, safety, and welfare is best served; b. each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies; c. each facility must serve established, identified public needs; and d. no practical alternative exists to meet the needs. 4. that the approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose. 5. that in determining whether or not to grant a variance, the following factors have been considered: a. if there is an available, feasible, and effective measure to protect the aquifer outside of this ordinance; b. the extent of the problem being resolved by the ordinance; c. the amount and percentage of value lost by application of the ordinance; d. the extent of remaining uses for the parcel; e. the past, present, and future uses of the property; and f. the extent to which the landowner could predict the effects of this ordinance on the property. 39 • B. " The Hearing Examiner may prescribe any conditions upon the variance deemed to be reasonably necessary and required to mitigate aquifer impacts. Any variance granted by the Hearing Examiner, unless otherwise specified in writing, shall become null and void in the event that the applicant or owner of the subject property for which a variance has been requested has failed to commence construction or otherwise implement effectively the variance granted within a period of two (2) years after such a variance has been issued. For proper cause shown, an applicant may petition the Hearing Examiner during the variance procedure, for an extension of the two (2) year period, specifying the reasons therefor. The time may be extended but not exceed one additional year in any event. Any variance granted by the Hearing Examiner shall expire pursuant to the provisions of Chapter 8,Title N of the RMC. 8-8-24: EFFECTIVE DATE: The effective date of this ordinance shall be 30 days after its enactment. 8-8-25: SEVERABILITY: If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. SECTION XI. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. PASSED BY THE CITY COUNCIL this day of_,, , 1992. Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of , 1992. Earl H. Clymer, Mayor Approved as to form: Lawrence J.Warren, City Attorney Date of Publication: ORD.227:3/5/92:as. 40 FOR INFORMATIONAL USE ONLY EXHIBIT 1 Generic Regulated Substances List Where regulated substances are dissolved in or mixed with other non-regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this ordinance. Acid and basic cleaning solutions Antifreeze and coolants Arsenic and arsenic compounds Battery acid Bleaches, peroxides Brake and transmission fluids Brine solution Casting and foundry chemicals Caulking agents and sealants Cleaning solvents Cooling water(not isolated from process chemicals) Corrosion and rust prevention solutions Cutting fluids Degreasing solvents Deicing materials Disinfectants Dyes Electroplating solutions Engraving solutions Etching solutions Explosives Fertilizers Fire extinguishing chemicals Food processing wastes Formaldehyde Fuels and additives Glues, adhesives, and resins Greases Hydraulic fluid Indicators Industrial and commercial janitorial supplies Industrial sludges and stillbottoms Inks, printing, and photocopying chemicals 41 Laboratory chemicals Liquid storage batteries Medical, pharmaceutical, dental, veterinary, and hospital solutions Metal dusts Mercury and mercury compounds Metals finishing solutions Oils Paints, pigments, primers, thinners, dyes, stains, wood preservatives,varnishing, and cleaning compounds Painting solvents PCBs Pesticides and herbicides Plastic resins, plasticizers, and catalysts Photo development chemicals Poisons Polishes Pool chemicals Processed dust and particulates Radioactive sources Reagents and standards Refrigerants Roofing chemicals and sealers Sanitizers, disinfectants, bactericides, and algaecides Soaps, detergents, and surfactants Solders and fluxes Stripping compounds Tanning industry chemicals Transformer and capacitor oils/fluids Water and wastewater treatment chemicals Wastewater treatment sludges 42 EXHIBIT 2 . --- -__ r LAKE BOREN �� =_=___- i OF Rt TON --=_--:_=:_-A0,, 4 Il t g- ROTECT, IN AREAS Q� -13 Cie _- a1 I :::_:_:_:_::.-3k \-c-,:-::;-....- :,..::,E,-.1,,,,,, ,:. ------...1';'!':?':'..ifil:'',El+. ,, '. ApikEzz TINITRIT:1:: :i:i*i:i:,;:i:!:1::]:i:,:: ::::::::r.i..E.iir:.i•::' ------------- ____ _- _-_ _ - 4 . i r r 6 L - + e:s.`W. ":':i`:i: >a:::::i':':�::::i:i3:':':::::i: :::::::i:i:':�'::;::i:i' C�iiii.,,,,,_:.6,<�F CEMETERY RD 1 $' f : o s : e. .n S > e e 4 c ' - --44111:301§0,,a:;-::• i0s.fA �fO4 Vr .:1:i:Filii:plipilTiiAiffiti:11:1:14:1:ieilliii:1:iiii.:i...g.:Iiiiidiliit.i...14:.i...i...:teti.:1.:,:6..„„: ff e Yi •.f. vf 99 r0Aecrf< ' +'' b:.ea nabz�•S�:e`a�aro ••+ 'raa. a..9Es-r. 111!V6.4.4*. nZONEie�F - -6ff : • < re•r IliriliEllililiiiiiiir.:'''''''''.'''': ef« . e:e.nm r. - __ %:i:i:li :•`.iN`-i5-:'.':'i-e':•i-.S.:::>`:;:;:;::;:i:i:i:::: e:i: .>:>k IIK APA ~=' ZONE 2 ` ::: L ' isYS EMS ill. P /Plf Techni al Services 0 0 0 0 6000 27 January 19'r :::..: ...:��..::.:_.:.: :<-.::•:;:::,.:: :, ` F�obert T. Mac I , e, Jr. (1441 . I 1 1 : C 6,000 ---- --� J EXHIBIT 3 LEGAL DESCRIPTION OF ZONE 1 WELL FIELD AQUIFER PROTECTION AREA(APA) IN THE CITY OF RENTON(KING COUNTY),WA Descriptions are based on information from the King County assessor maps. The APA Zone 1 boundary line is within the Zone 2 APA boundary and matches a portion of the westerly Zone 2 boundary line from Point 37 through Point 49 (see legal description of Zone 2 APA boundary). The description of the Zone 1 boundary line starting at Point No. 37 at the northerly side of the Zone 1 area, and ending at Point 49 at the southerly side of the Zone 1 area is as follows: Beginning at the intersection of the north section line of Section 17, Township 23 North, Range 5 East, of the W.M. and the centerline of Garden Avenue N., 37 Thence easterly along said section line approximately 1,350 feet to the intersection with the centerline of N. 3rd Place, 100 Thence southeasterly along the said road centerline approximaely 730 feet to the intersection with the centerline of N.E. 3rd Street, 101 Thence east-southeasterly along said road centerline approximately 1,100 feet to the intersection with the centerline of Monterey Drive N.E., 102 Thence southerly and thence easterly along said road centerline approximately 1,400 feet to the intersection with the east 1/4, 1/4 section line of the southwest 1/4 of the northeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M. 103 Thence southerly along said 1/4, 1/4 section line approximately 380 feet to the intersection of the north 1/4 section line of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 104 Thence easterly along said 1/4 section line approximately 1,320 feet to the northeast corner of the southeast 1/4 section of Section 17,Township 23 North, Range 5 East, of the W.M., 105 Thence easterly along the north 1/4 section line of the southwest 1/4 of Section 16, Township 23 North, Range 5 East, of the W.M. Approximately 1,990 feet to the centerline of the northeast 1/4 of the southwest 1/4 of the said section, 106 Thence southerly along said centerline and the prolongation of said line approximately 2,200 feet to the intersection with the centerline of the Burlington Northern Railroad right- of-way, 107 Thence westerly along said railroad centerline approximately 3,480 feet to the intersection with the east 1/4, 1/4 section line of the southwest 1/4 of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 108 Thence southerly along said 1/4, 1/4 section line approximately 1,070 feet to the intersection with the south section line of Section 17, Township 23 North, Range 5 East, of the W.M., 109 43 EXHIBIT 3 Thence westerly alongsaid section line approximately 1,330 feet to the intersection with the west 1/4 section line of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 110 Thence northerly along said 1/4 section line approximately 1,320 feet to the intersection with the established line N. LN. H.H.Tobin D.C. #37, 111 Thence westerly along said established line approximately 594 feet to an established angle point, 112 Thence northerly along said established line approximately 1,000 feet to the intersection with the centerline of the Burlington Northern Railroad right-of-way, 113 Thence westerly along said railroad right-of-way approximately 450 feet to the intersection with the centerline of the Prim. State Hwy.No. 1 right-of-way, 114 Thence southwesterly along said right-of-way centerline to the intersection with the centerline of S. 4th Street. 49 For continuation of the Zone 1 APA boundary from Points 49 through 37 see the legal description between said points for the Zone 2 APA boundary. 44 EXLIIBIT 3 . LEGAL DESCRIPTION OF ZONE 2 WELL FIELD AQUIFER PROTECTION AREA(APA) IN THE CITY OF RENTON(KING COUNTY),WA Descriptions are based on information from the King County Assessor maps. The APA boundary line joins the City of Renton existing corporate limits line at the northerly and southerly sides of the APA Zone 2 area. The easterly APA boundary line is the existing City of Renton corporate limits line. The westerly APA boundary line is described as follows: Beginning at the northeast corner of the southeast 1/4 of Section 32, Township 24 North, Range 5 East, of the W.M., which is at the intersection of S.E. 88th Street and 116th Avenue S.E. point of beginning Thence westerly along the north 1/4 section line approximately 1180 feet to the intersection with the current City of Renton Corporate Limits Line, 1 (Start of Zone 2 Legal description boundary) Thence westerly along said 1/4 section line approximately 1440 feet to the northwest corner of the southeast 1/4 of Section 32,Township 24 North, Range 5 East, of the W.M., 2 Thence southerly along centerline of said section approximately 670 feet to the intersection with the easterly prolongation of the centerline of S.E. 90th Street, 3 Thence westerly along said prolongation line approximately 600 feet to the intersection of S.E. 90th Street and 106th Avenue S.E., 4 Thence southerly approximately 660 feet to the intersection of 106th Avenue S.E. and S.E. 92nd Street, 5 Thence westerly approximately 680 feet to the intersection of S.E. 92nd Street and 104th Avenue S.E., 6 Thence southerly approximately 650 feet to the intersection of 104th Avenue S.E. and S.E. 94th Street, 7 Thence westerly approximately 1290 feet to the intersection of S.E. 94th Street and 100th Avenue S.E., 8 Thence southerly approximately 690 feet to the intersection of 100th Avenue S.E. and S.E. 96th Street, which is the Northwest corner of Section 5, Township 23 North, Range 5 East, of the W.M., 9 Thence southerly along the west line of said section approximately 410 feet to the intersection with a survey traverse line within the Northern Pacific Railroad Right-of-Way, 10 Thence S 45-20-57 E., 896.84 feet along said traverse line to an angle point, 10A Thence S 18-37-12E, 3331.10 feet along same said traverse line to an angle point, 10B 45 • E CIE031T 3 Thence S 6-07-12 W, 768.72 feet along said traverse line where it intersects with the south 1/4 section line of the Southwest 1/4 section of Section 5, Township 23 North, Range 5 East of the W.M., 11 Thence easterly approximately 894 feet to the southeast corner of said 1/4 section, which is also the intersection of 108th Avenue S.E. and N.E. 12th Street, 12 Thence easterly approximately 1320 feet to the intersection of N.E. 12th Street and 112th Avenue S.E. (Aberdeen Avenue N.E.), 13 Thence southerly along Aberdeen Avenue N.E. approximately 610 feet to the centerline of N.E. Park Drive, 14 Thence easterly along. N.E. Park Drive approximately 1540 feetto the intersection of Edmonds Avenue N.E., 14a Thence southeasterly along N.E. Park Drive, approximately 610 feet to the intersection of the east-west 1/4 section centerline of the Northwest 1/4 section of Section 9, Township 23 North, Range 5 East, of the W.M., 15 Thence easterly along said 1/4 section centerline approximately 2190 feet to the intersection of the North-South centerline of Section 9, Township 23 North, Range 5 East of the W.M. (Monroe Avenue N.E.), 16 Thence southerly along said section centerline (Monroe Avenue N.E.) approximately 330 feet to the intersection of Monroe Avenue N.E. and N.E. 10th Street, 17 Thence easterly along N.E. 10th Street approximately 660 feet to the intersection of N.E. 10th Street and Olympia Avenue N.E., 18 Thence southerly along said road centerline approximately 250 feet to the intersection with the centerline of N.E. 9th Street, 19 Thence easterly along said road centerline approximately 260 feet to the intersection with the centerline of Pierce Avenue N.E., 20 Thence southerly along said road centerline approximately 620 feet to the intersection with the centerline of N.E. 8th Street, 21 Thence easterly along said road centerline approximately 400 feet to the intersection with the centerline of Queen Avenue N.E., 22 Thence southerly along said road centerline approximately 470 feet to the intersection with the centerline of N.E. 7th Street, 23 Thence easterly along said road centerline approximately 160 feet to the intersection with the centerline of Redmond Avenue N.E., 24 Thence southeasterly and then southerly along said road centerline approximately 740 feet to the intersection with the centerline of N.E. 6th Place, 25 46 EXHIBIT 3 Thence westerly along said road centerline approximately 260 feet to the intersection with the centerline of Queen Avenue N.E., 26 Thence southerly along said road centerline approximately 260 feet to the intersection with the centerline of N.E. 6th Street, 27 Thence westerly along said road centerline approximately 1,320 feet to the intersection with the centerline of Monroe Avenue N.E., 28 Thence southerly along said road centerline approximately 500 feet to the intersection with the centerline of N.E. 5th St., 29 Thence westerly along said road centerline approximately 320 feet to the intersection with the centerline of"L" Street, 30 Thence southerly and then westerly along said road centerline approximately 1,000 feet to the intersection with the centerline of Jefferson Avenue N.E., 31 Thence southerly along said road centerline approximately 260 feet to the intersection with the centerline of N.E. 4th Street and the south section line of Section 9,Township 23 North, Range 5 East, of the W.M., 32 Thence westerly along said section line approximately 1,660 feet to the intersection with the centerline of Edmonds Avenue N.E. and the southwest corner of Section 9, Township 23 North, Range 5 East, of the W.M., 33 Thence westerly along the south section line of Section 8, Township 23 North, Range 5 East, of the W.M. approximately 700 feet to the intersection with the easterly right-of-way line of the Puget Sound Power&Light Co. transmission line right-of-way, 34 Thence northwesterly along said right-of-way line approximately 1450 feet to the intersection with the north line of the south 30 feet of the north half of the southeast quarter of Section 8, Township 23 North, Range 5 East,W.M., 35 Thence westerly, along said north line, approximately 900.00 feet; 35A Thence southerly at right angles to the previous mentioned course, approximately 496 feet to the intersection with the southwesterly margin of the Burlington Northern Spur Line; 36 Thence southwesterly approximately 1347 feet to the intersection of the centerline of N. 4th Street with the centerline of vacated Meadow Street; 37 Thence westerly along the centerline of said N. 4th Street approximately 282 feet to the intersection with the centerline of Garden Avenue N.; 37A Thence westerly along said road centerline approximately 730 feet to the intersection with the centerline of Pelly Avenue N., 38 Thence southerly along said road centerline approximately 670 feet, to the intersection with the centerline of N. 3rd Street, 39 Thence westerly along said road centerline approximately 270 feet to the intersection with the centerline of Wells Avenue N., 40 47 Thence northwesterly along N. 3rd Street centerline approximately 370 feet to the intersection with the centerline of Williams Avenue N., 41 Thence southerly along said road centerline approximately 620 feet to the intersection with the centerline of N. 1st Street, 42 Thence northwesterly along said road centerline approximately 20 feet to the intersection with the centerline of Williams Avenue N., 43 Thence southwesterly along said road centerline approximately 470 feet to the intersection with the southwesterly right-of-way line of the Cedar River waterway, 44 Thence southerly along Williams Ave. approximately 1040 ft. to the intersection with the centerline of S. 2nd Street, 45 Thence southerly along Williams Ave. approximately 560 feet to the intersection with the centerline of S. 3rd Street, 46 Thence easterly along said road centerline approximately 600 feet to the intersection with the centerline of Main Avenue S., 47 Thence southerly along said road centerline approximately 560 feet to the intersection with the centerline of S. 4th Street, 48 Thence easterly along said road centerline approximately 190 feet to the intersection with the centerline of the Prim. State Hwy. No. 1 right-of-way, 49 Thence easterly along S. 4th Street centerline approximately 480 feet to the intersection of the centerline of the Cedar River pipe line right-of-way, 50 Thence southeasterly along said right-of-way approximately 1950 feet to the intersection with the south section line of Section 17, Township 23 North, Range 5 East, of the W.M., 51 48 Thence southeasterly along said right-of-way approximately 3,900 feet to the intersection with the east section line of Section 20, Township 23 North, Range 5 East, of the W.M., 52 Thence southerly along said section line approximately 2,370 feet to the southeast corner of Section 20, Township 23 North, Range 5 East, of the W.M., 53 Thence westerly along the south section line of said section approximately 720 feet to the intersection with the centerline of 114th Avenue S.E. and the end of the westerly APA boundary. 54 49 EXHIBIT 4 • PIPELINE MATERIAL REQUIREMENTS PIPE DIAMETER CONSIDERATIONS PIPE MATERIAL <4 4-8 10-12 14-20 24-30 36-54 SUGGESTED MATERIAL SPEC (See attached table) Ductile Iron,Rubber Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151,C104 a b c d n o p r Polyethylene-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151 a b c d n o p r Ductile Iron,Nitrite Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151,C104 b c d i n o p r Polyethylene-Lined 1,2,3 1,2,3 1,2,3 1,2,3 1,2,3 AWWA C151 b c d e i n o p r PVC,Rubber Gasket Joints Blue Brute C1 150 or 200 1,2 1,2 AWWA C900 a b j l n o p r t PVC,NItrile Gasket Joints Blue Brute CI 150 or 200 1,2,3 1,2,3 AWWA C900 b i j l n o p r t PVC,Solvent Welded Joints Sch 80 2,3 1,2,3 1,2,3 ASTM D1784,D1785 h j k l n o p r t Welded Steel,Rubber Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C205 a b f g h n o p r Dielectric-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C210 a b f g h n o p r Welded Steel,Welded Joints Cement Mortar-Lined 1,2 1,2 AWWA C200,C205 f g h n o p r Dielectric-Lined 1,2,3 1,2,3 AWWA C200,C210 f g h n o p r High Density Polyethylene Pipe 1 1 1 1 1 ASTM D1248 and D3350 h k p q u Corrugated High Density Polyethylene 1 1 1 1 1 ASTM D1248 and AASHTO k p g s u Pipe-Smooth Interior Insituform Liner 4,5 4,5 4,5 4,5 4,5 ASTM D638 m n o p q r PIPELINE SERVICE 1. Storm Sewer 2. Sanitary Sewer and Side Sewer - 3. Leachate Pipeline 4. Rehab Existing Storm Sewer 5. Rehab Existing Sanitary Sewer 50 • EXHIBIT 4 CONSIDERATIONS ON SELECTION OF PIPE MATERIALS ........... .......................... Other kakflgOOkOttig600 WOOO. *WO. Wik14:68006040.4*.4i*Wfafiiii*ii : a. Rubber gaskets may be severely damaged by petroleum products, particularly in prolonged exposures to concentrated flows containing little or no storm water or sanitary sewage. In cases where heavy concentrations of petroleum products may be experienced, nitrile (Nitrile-Butadiene; ie,NBR)gaskets should be used. b. Gasketed joints may not be leak-proof at zero or low pressures, if improperly installed. c. Mechanical joints may be less likely to leak at low pressures than push-on joints. d. May need protective coatings and/or cathodic protection against external corrosion. e. Considered most reliable gasket and lining material for ductile iron leachate pipeline. f. Very difficult to repair linings on inside of joints in pipe smaller than 24-inch diameter. _g. Almost always needs protective coatings and cathodic protection against external corrosion. h. Properly made joints are considered leak-proof. i. Nitrile gaskets may require long delivery time. j. Requires special attention to bedding and backfill depth to avoid structural failure of pipe. k. Large thermal expansion coefficient. May need to limit solvent welded joints to 4-inch and smaller pipe. May require careful evaluation of pipe installation temperature and temperature of piped liquids to ensure joint integrity. 1. Pipe not available over 12-inch diameter. m. Insituform lining is available in 6-inch through 60-inch diameter for almost any pressure, if sufficient pipe cross-sectional area is available. n. Pressure grouts and gels are not acceptable for rehabilitation or patching of storm and sanitary sewers. o. Suitability of pipe lining and gasket material to resist chemical attack by conveyed fluids must be determined for each pipeline service considered. P. All storm and sanitary sewer manholes, catch basins, and inlets should be equipped with precast concrete bottom and sidewalls with rubber gasketed joints between sections, water-tight epoxy • grout pipe entrances through walls, and bitumastic coating of all interior floor and wall surfaces. Manholes, catch basins, and inlets should have no leakage when hydrostatically tested at atmospheric pressure. q. Has good resistance to a number of chemicals, petroleum products, and hydrogen sulfide corrosion. 51 EXHIBIT 4 CONSIDERATIONS ON SELECTION OF PIPE MATERIALS (cont.) r. "Zero leakage"test requirement may be impossible to achieve under the best conditions for any pipe materials because trapped air may distort test results, even in a drop-tight pipe. Pressure and leakage test requirements should consider whether the pipe has steel slope or will stand full of liquid. Pipelines should be tested with the intent to prevent or minimize leakage. Air testing should not be allowed;hydrostatic testing should be as stringent as any found in the industry. Pipe materials, without regard for chemical attack, corrosion, or puncture, are generally ranked as follows, in decreasing order of liquid-tight reliability: -• welded steel with welded joints • PVC with solvent welded joints • Insituform liner • ductile iron with viton or rubber gaskets • welded steel with rubber gasketed joints • PVC with viton or rubber gasketed joints s. Joints should consist of"heat-shrink"wrap,standard corrugated coupling, and full pipe band clamps. t. The use of PVC may be restricted by other Utility policy in regards to depth of pipe cover. u. HDPE may be adversely affected by solvents; its use is not recommended where contact with solvents may occur. H:Aquife=/AP0803/bh 52 • CITY OF RENTON MEMORANDUM DATE: August 6, 1992 TO: Utilities Committee Members VIA: Mayor Earl Clymer FROM: Lynn Guttmann, Administrator 1& 6(1,- STAFF CONTACT: Lys Hornsby SUBJECT: Conferences/Programs on Wellhead Protection I wanted to inform you of certain workshops and conferences that will be occurring later this year and early next year that might be of interest to you regarding wellhead and aquifer protection. 1. Wellhead Protection Programs: Tools for Local Governments, Tacoma, WA., September 9 and 10, 1992. This workshop is free and is being sponsored by EPA. 2. Wellhead Protection: Getting your Program Started, Everett, WA., November 11, 2992. This seminar is being sponsored by DOH and AWWA. 3. National Conference on Aquifer and Wellhead Protection, Coeur d'Alene, Idaho, March 28 - April 1, 1993. This conference is being sponsored by EPA and local agencies. If any of these educational opportunities look interesting to you, you may contact Lys Hornsby for further details at 277-5539. Also, if any of your colleagues on the Council might be interested in any of these programs, please share this information with them. Thank you. C:DOCS:92-592:LLH:ps Wellhead Protection Getting Your Program Started Joint_DOH / PNWS-AWWA Fall Seminar November 11,. 1992 Quality Inn, Everett Washington Tentative Agenda 8:30-9:30 I. Wellhead Protection, an Overview 9:30-10:00 II. Costs of Not Protecting One's Supply--Case Studies from Washington 10:15-10:30 Break 10:30-11 :30 III. Delineating your Wellhead Protection Area--A How-to for Calculated Fixed Radius, plus background on more sohisticated approaches 11 :30-12:15 IV. Inventorying for "potential sources"--an initial assessment and risk prioritization 12:15-1 :30 Lunch Implementation in Washington, A Case Study 1 :30-2:00 V. Working with the Media--allies or advisaries 2:00-3:00 VI. Now'What--Management Tools for Local Governments (legal issues, liability, defensibility of program) 3:00-3:15 Break 3:15-3:45 VII. Financing your program-grants, fees and loans 3:45-4:00 VIII. Wrap up, questions and adjournment For More Information Contact: David Jennings, Program Manager Wellhead Protection Program Airdustrial Bldg 3 P.O. Box 47822 Olympia, WA 98504-7822 (206) 586-9041 WORKSHOP LOCATIONS WORKSHOP FEES 0 Z y 0 United States Office of Ground Water. Environmental Protection and Drinking Water y I I D x The U-S.EPA,Regions 6,9,and 10,the State of A en n xCD n BOISE,ID Idaho,Washington State Department of Health, g Washington,DC 20460 tMY D —1 W July15-16,1992 r 6p 7 n O D and California Rural Water Association arc sponsoring these workshops to carr out the t N Z SI `. m Boise State University P g P y Office of Water Student Union Building requirements of the SDWA. For that reason, On p U N y 1700 University Drive there is no fee for the instructional portion of the m y E. w r- Boise,ID 83725 courses. However,the registrants are solely �. c� cw»o R (208)385-1448 responsible for their own travel expenses, including transportation,lodging,and all food. WELLHEAD o -0 t7," a n7 E For information please call Dru g P gi g ~ PROTECTION rD rn /i m Keenan,U.S.EPA,Region 10,Office C 0 VD o G of Ground Water(206)553-1219 y ' �, a I WORKSHOP PROGRAMS: P ;,--; O TACOMA,WA REGISTRATION TOOLS FOR r'P .-� 7 x N September 9-10,1992 o `o E T 10 Sheraton Tacoma Hotel If you would like to attend a workshop,please N LOCAL 1320 Broadway Plaza complete the attached registration form and mn Tacoma,WA 98402 return it no later than the following:July 1st for y to <206)572-3200 Boise registration,July15th for Little Rock rc. r; OVERNMI 'S -o O For information please call David registration,August 18th for Tacoma u n c Jennings,Washington State Depart- registration,and September 7th for San Luis 0 > ment of Health(206)586-9041 Obispo registration.Please register early as ,o- attendance rl t will be limited. Please mail or fax �_m 0 I your registration to Ellen Barros at the address or MANAGEMENT WORKSHOPS IN r" `< LITTLE ROCK,AR number listed on the Registration Form. ri m O R August 4-5,1992 Confirmation letters will be sent. Enrollment INNOVATIVE TECHNIQUES C m Hilton Inn River Front priority will be given to state and local officials. G FOR WELLHEAD PROTECTION O 0 ' 2 River Front Place D o > I North Little Rock,AR 72114 P -a o (501)371-9003 HOTEL G wo N For information please call Patty ACCOMMODATIONS Boise,ID _ ycro Senna,U.S.EPA,Region 6,Office of Little Rock,AR H co T 6 Ground Water(214)655-6446 0 + c , I Blocks of overnight rooms have been reserved at Tacoma,WA I the noted hotels in Little Rock,Tacoma,and San San Luis Obispo,CA 0 . Sr ro Luis Obispo. Attendees should contact the hotel r�i GR SAN LUIS OBISPO,CA directly to make individual room reservations. so IV coE E September 29-30,1992 SPONSORED BY P ca G Embassy Suites Hotel Please note that no hotel rooms have been REGIONS 10,9&6 MD 61 reserved in Boise. If you need overnight 333 Madonna Road OFFICES OF GROUND WATER accommodations,the following hotels are within N. O I San Luis Obispo,CA 93405 - THE STATE OF IDAHO O (805)549-0800 two blocks of the conference location: DIVISION of ENVIRONMENTAL QUAL... N For information please call Cynthia • University Inn(208)345-7170 WASHINGTON STATE DEPARTMENT OF HEALTH 9 Sans, U.S. EPA, Region 9, Water • Boisean Inn(208)343-3645 AND Management Division(415)744-1913 • Ramada Inn(208)344-7971 CALIFORNIA RURAL WATER ASSOCIATION I This brochure is printed on recycled paper. c WORKSHOP MATERIALS WELLHEAD PROTECTION • WORKSHOP AGENDA A course book and supplementary EPA t+ The 1986 amendments to the Safe Drinking documents will be provided for workshop Water Act require each state to develop a Day 1 Day 2 participants. The course book will serve as wellhea,d protection(WHP)program. a guide for the presentations and as a reference manual for later use. These programs will become the nation's Overview of EPA's Wellhead Contingency Planning and first comprehensive effort to protect vital Protection Program Wellhead Protection public water supplies from contamination. Additional available EPA publications As part of their programs,states are encour- •Developing Emergency Response include a wide variety of documents What is Being Protected? Plans aged to establish procedures for delineating relevant to wellhead protection. a protection area around each public water •Identifying Wellhead Protection Areas •Monitoring Programs • supply well,and for identifying the potential sources of contamination in each Identification and Evaluation of Financing Strategies for Wellhead WORKSHOP INSTRUCTORS wellhead protection area(WHPA). States Protection are then responsible for developing Threats to Ground Water management approaches to protect the •Point and Non-point Sources •Identifying Funding Sources The team of instructors combines the water supply within the WHPA from expertise of scientists and land plana Regional and Local Case Study Instructors include government officials contamination. . Wellhead Protection:Tools for Local Government Examples of Wellhead Protection and consultants specializing in water Historically,most ground-water protection resource management and protection. strategies have been developed by state •Regulatory governments. While these strategies are •Non-Regulatory Intensive Exercises in Wellhead These workshops are designed to include • Legislative Protection Planning interactive sessions emphasizing applied important,they must be supplemented with other regional and local protection efforts, case studies that focus on practical solu- because land uses are generally controlled Local Case Study Examples of tions to protect wellhead areas. by local regulations. In fact,EPA's Office of Wellhead Protection Ground Water and Drinking Water has continually emphasized the importance of WHO SHOULD Al FEND? local actions. WORKSHOP SCHEDULE Effective local ground-water protection Da 2 These workshops are designed for individu- roams incorporate a two-phase Day 1 _ programs approach. First,the wellhead protection als who are interested or currently involved Boise,ID,Tacoma,WA, Boise,ID,Tacoma,WA, in wellhead protection programs,including: areas must be clearly delineated using sound hydrogeologic principles,and then San Luis Obispo,CA San Luis Obispo,CA presented to regulatory officials in an 8:30 A.M. 4:45 P.M. 8:30 A.M. 2:45 P.M. •Government Officials understandable format. Second,a practical •Planners approach to the management of •Health Officials contamination sources must be developed. Little Rock,AR Little Rock,AR •Water Suppliers s Such an approach should be tailored to 1:00 A.M. 5:00 P.M. 8:30 A.M. 5:00 P.M. •Water Suppliers local needs and should include regulatory, • Others involved in land and non-regulatory,and legislative protection water resource management and options. protection CITY OF RENTON ..LLQ f Administrative Services Earl Clymer, Mayor Dan Clements, Director August 5, 1992 Mr. Warren Vaupel P.O. Box 755 Renton, WA 98057 Re: Aquiver Protection rflinan P Dear Mr. Vaupel: Your letter regarding the referenced topic was read at the Renton City Council meeting of August 3, 1992: A public hearing has been set to consider this matter to be held on Monday, August 24, 1992, at 7:30 p.m. in the Council Chambers of the Renton Municipal Building. All interested parties are invited to attend and present written and/or oral comments. If I can provide additional information, please do not hesitate to call. Sincerely, D >, ,,� Marilyn J. '4 sen, CMC City Clerk 235-2502 cc: Mayor Earl Clymer Council President Kathy Keolker-Wheeler Lys Hornsby, Civil Engineer 200 Mill Avenue South - Renton, Washington 98055 August 3, 1992 Renton City Council Minutes Page 348 Nbrth 6th Street as it is incompatible with the primarily residential neighborhood. 4) Letter from Charles E. Price, 16424 164th Ave. N.E., Woodinville, WA 98072, owner of tax lot 90, and on behalf of the owner of tax lot 40, petitioning Council to include their properties, located adjacent to Sunset Boulevard and west of Queen Avenue NE, in the Neighborhood Commercial designation since multifamily development of apartments or condominiums is an appropriate land use for the existing neighborhood, and single family homes is not an appropriate use next to five-lane NE Sunset Boulevard. 5) Correspondence from George R. Mehrens, Jr., 316 South Tobin Street, Renton, supporting retention of South Tobin Street as it is - a mixture of single and multiple family residences with a few business operations. He noted that Tobin Street is an ideal situation for senior citizens because of its accessibility to the Renton Senior Center and the downtown area, and questioned why the Renton High School tennis courts are zoned as single family residences. 6) Shirley Williams, 3066 63rd Avenue SW, Seattle, WA 98116, advised that she recently purchased a house at 3000 SE 5th and requested Council designate the area behind her new home as a Q-eenbelt. MOVED BY TANNER, SECONDED BY EDWARDS, COUNCIL REFER THIS CORRESPONDENCE TO THE COMMITTEE OF THE WHOLE. CARRIED. Utility: At_ailfgz Correspondence was read concerning the Aquifer Protection Ordinance Protection Ordinance from Mr. Warren Vaupel, P.O. Box 755, Renton, WA 98057, stating support for the stronger version of the ordinance. Mr. Vaupel indicated that containment of hazards to our water supply is not possible due to high spill risks from certain businesses which do not belong over the aquifer. Growth Management: Council President Keolker-Wheeler mentioned the number of letters Comprehensive Plan received on the Comprehensive Plan, Countywide Planning Policies and other related issues, and requested that the City Clerk provide a master list to include the name and address of the sender and date of the letter by Monday, August 10. OLD BUSINESS Referred 7/27/92 - Public Safety Committee Chairman Schlitzer Public Safety presented a Committee report recomtnending renewal of the Multi- Committee Jurisdictional Narcotics Task Force Program (South King County Police: Narcotics Task Narcotics Task Force). Force Program The committee further recommends the Mayor and City Clerk be authorized to sign the contract documents. MOVED BY SCHLITZER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee tilities Committee Vice-Chair Edwards presented a minority report on Utility: Aquifer the Aquifer Protection Ordinance. On July 21, 1992, the Utilities Protection Ordinance Committee met to continue its review and discussion of modifications to Majority Report the proposed Aquifer Protection Ordinance. The Committee approved the attached final draft of the ordinance for presentation to the Council. This final draft is a revision of Draft 16 originally referred to the Committee. Revisions of substance to the Aquifer Protection Ordinance from the Draft 16 version include: August 3, 1992 Renton City Council Minutes Page 349 1. Removal of the mandatory relocation provision for zone 1 facilities by ten years. 2. Addition of voluntary relocation incentives (limited co-payments) to zone 1 facilities who relocate outside of zone 1 but within the city limits. 3. Removal of the $200,000 bonding requirement for all zone 1 facilities. 4. Removal of provisions that existing development in zones 1 and 2 within 330 ft: of sanitary sewer connect to that sewer. The final draft has only provisions to require new development in both zones to connect to the central sanitary sewer. • 5. Addition of city aid for required installation of monitoring wells by zone 1 facilities. 6. Increased inspection of zone 1 facilities from annually to bimonthly. 7. Added compliance requirements within zone 1 such as requiring routine training of employees regarding permit requirements, having emergency collection equipment on site, inventory of regulated substances, and publishing names of violators in the newspaper. 8. Addition of provision requiring mandatory relocation outside of zone 1 if contamination incidents or repeated violations of the ordinance occur. 9. Addition of provision to limit increased use of regulated substances by existing zone 1 facilities. Due to the substantial changes, the Committee recommends that the Council set a date for a public hearing on this final draft prior to taking action to enact the ordinance. (See later motion.) Utility: Aquifer Utilities Committee Chairman Tanner presented a minority report on the Protection Ordinance • Aquifer Protection Ordinance. The Committee met July 21, 1992, to Minority Report review the proposed Aquifer Protection Ordinance. A majority of committee members voted to remove the following Section: Section 8-8-6.A. "Ten (10) years after the effective date of this ordinance, the storage, handling, use, treatment, or production of any regulated substance in quantities greater than the de minimis amounts specified in Section 8-89- 3.H.2. of this Ordinance at existing facilities shall not be allowed within Zone 1 of an APA. In the interim, the storage, handling, usage, treatment, or production of any regulated substance shall be allowed only at existing facilities and as provided herein. Once a facility is abandoned or the use of regulated substance is terminated, the owner and/or operator shall not reinstate the use of regulated substances in quantities greater than de minimis quantities." I oppose the elimination of this Section and its provisions for the following reasons: August 3. 1992 Renton City Council Minutes Page 350 Only the removal of harmful substances from Zone 1 of the APA will reduce the risk of contamination to the City's sole source of drinking water to an acceptable level. With the regional drought this year, the Council has had a vivid demonstration of how valuable and precious the Cedar Valley Aquifer is to the City of Renton. We here on this Council have been entrusted by our fellow citizens with the stewardship of this irreplaceable resource and what we do with this Ordinance will affect these citizens, and may affect generations to come. Our water supply is not as vulnerable to weather and snow pack as is Seattle's supply, but it is very vulnerable to surface and underground sources of contamination and pollution. I ask that the Council make the Section cited above, a part of the Ordinance before it goes to public hearing. The City's past experience with commercial activity in Zone 1 has resulted in three known contamination incidents. We dodged a bullet on those, but next time we might not be as lucky. The first incident was the Olympic Pipeline spill, up the valley, that resulted in contamination of the river but not of our aquifer. Fortunately, the leak was in a location such that the leaked material was transported to the river instead of into the ground water. The second incident was a leaking underground gas tank system at the Texaco gas station located at 1408 Bronson Way North. This contamination incident was the most disturbing of all. The Texaco station had installed state-of-the-art secondary containment and detection equipment and still had a leak large enough to contaminate one of our production wells. The third incident was detection of a dry cleaning solvent in a monitoring well. Due to the fortunate detection of the substance before it entered the vicinity of the production well, the City was able to operate the wells in a manner to contain the plume and prevent further contamination. If you take a look at the experiences of many of our neighboring communities, you can see that contamination of ground water from commercial and industrial activity is a common occurrence. Issaquah recently has had extensive problems with ground water contamination from gas stations. Tacoma has treated their ground water for years for volatile compounds leaked from an oil business. In our own backyard, ground water contamination has been found under the PACCAR site, the METRO treatment plant site, Quendall terminals, Baxter poleyard, and numerous underground tank sites. The problem is nationwide. Tuscon, Arizona has lost its underground aquifer due to contamination by an electronics manufacturing plant, and Fairfax, Virginia has just discovered massive contamination of its aquifer by fuel storage tank leakage. I believe that precautionary measures and good business practices alone cannot protect our aquifer for the long term. Even with state-of-the-art containment and monitoring, significant contamination of ground water can and does occur. Cleanup of ground water contamination is very expensive at best, and often cannot be accomplished at all, as the City of Tuscon has found. Treatment of the contaminated water to bring it to' drinking water standards, even if it can be accomplished, would drive our water rates through the ceiling. I believe that Renton has no other option than to require the ultimate removal of large quantities of regulated material from Zone 1 of our aquifer. Moved by Edwards, seconded by Schlitzer, Council approve the Majority Report of the Utilities Committee as presented.* August 3. 1992 - Renton City Council Minutes Page 351 Substitute motion by Tanner, seconded by Stredicke, Council add the section cited in'the Minority Report of the Utilities Committee to the proposed ordinance prior to public hearing.* Council members discussed the two options outlined in the Utilities Committee rports. It was determined that a public hearing would be set for August 24, 1992, and both options should be available for discussion. It was also requested that previous changes or deletions in the ordinance be denoted with hash-marks or color-coded for easy reference for review by Councilmembers. SUBSTITUTE MOTION BY MATHEWS, SECONDED BY KEOLKER-WHEELER, COUNCIL ACCEPT BOTH THE MAJORITY AND MINORITY UTILITY COMMITTEE REPORTS ON THE AQUIFER PROTECTION ORDINANCE, AND THAT THE INFORMATION CONTAINED IN BOTH REPORTS BE INCORPORATED AS OPTIONS IN ONE ORDINANCE TO BE PRESENTED AT THE PUBLIC HEARING TO BE SET ON AUGUST 24, 1992.* Mayor Clymer supported the conditions contained in the original ordinance and emphasized the importance of taking a strong stand to protect the City's water supply against any potential pollution. He noted that strict regulations must be adopted now or it may be too late to protect the aquifer. *MOTION CARRIED. OLD BUSINESS MOVED BY KEOLKER-WHEELER, SECONDED BY TANNER, THE Rezone: Northward NORTHWARD REZONE AND PRELIMINARY PLAT BE TAKEN OFF (The Orchards), THE TABLE. CARRIED. (Matter tabled on 7/27/92, to research site Preliminary Plat, R, signage requirements.) PP-138-90 Hearing Examiner requested approval of Northward Properties (The Orchards) site approval and preliminary plat for an approximate 63-acre site located north of NE 4th Street and east and west of Duvall Avenue NE, and requested adoption of ordinance approving rezone to R-1, R-3 and B-1; proposed mix of single family homes, townhouses and apartment-type multifamily, and commercial development; restrictive covenants have been filed to ensure access to recreational amenities. RECESS MOVED BY STREDICKE, SEONDED BY EDWARDS, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time 10:13 p.m. The Council meeting reconvened at 10:27 p.m.; roll was called; all members were present. • et, &te.ett-eGe- /4etr't Augusst 3, 1992 Mayor and City Council City Hall Renton, Washington Re: Aquifer Protection Ordinance Please be advised that my wife and I both support the stronger version of the Aquifer Protection Ordinance. My wife's family in the Midwest had been involved from early years with issues relating to the large aquifer near their and their neighbors' farms. Water was trdly a matter of livelihood there. In Zone 1 of the Aquifer Protection Area where many of us in North Renton live, we are daily aware of the potential dangers to the aquifer here. We daily observe a few businesses who don't even act like they are aware of their proximity to our drinking water. Both my wife and I watch carefully what we use on our yards and gardens because of the aquifer, and I believe most residents are careful, but there is no way of knowing that for sure. Perhaps more information should be distributed because of our critical location. And we would say to you Council members, who think that "containment" of hazards to our water source is a possibility, that you're not facing reality. Many of the uses can't and won't be contained, especially in the hands of two or three businesses, and maybe more. But even if the owners did try to be careful, the nature of their businesses and human frailties in general (and often inexperienced or careless personnel) can cause actions that would be expensive and truly hazardous to our health. It comes down to the simple fact that many types of businesses do not belong over our aquifer. If an accident happens by these businesses where there is damage to our aquifer due to lack of containment or for any reason, who pays? All of us? What about the account- ability of city officials who vote to allow businesses to stay or develop over the APA? If water quality authoritiees have warned those officials of the dangers, and the warning is ignored, what is their responsibility? ' ffctitets..., ?fa-44-/-42, Warren F. Vaupel P. O. Box 755 Renton, WA 98057 p4 L111� UTILITIES COMMITTEE COMMITTEE MINORITY REPORT August 3, 1992 AQUIFER PROTECTION ORDINANCE (Referred 11/19/90) The Utilities, Committee met on July 21, 1992 to review the proposed Aquifer Protection Ordinance. A majority of committee members voted to remove the following Section: Section 8-8-6.A. "Ten (10) years after the effective date of this ordinance, the storage, handling, use, treatment, or production of any regulated substance in quantities greater than the de minimis amounts specified in Section 8-89-3.H.2. of this Ordinance at existing facilities shall not be allowed within Zone 1 of an APA. In the interim, the storage, handling, usage, treatment, or production of any regulated substance shall be allowed only at existing facilities and as provided herein. Once a facility is abandoned or the use of regulated substance is terminated, the owner and/or operator shall not reinstate the use of regulated substances in quantities greater than de minimis quantities." I oppose the elimination of this Section and its provisions for the following reasons: Only the removal of harmful substances from Zone 1 of the APA will reduce the risk of contamination to the City's sole source of drinking water to an acceptable level. With the regional drought this year, the Council has had a vivid demonstration of how valuable and precious the Cedar.Valley Aquifer is to the City of Renton. We here on this Council have been entrusted by our fellow citizens with the stewardship of this irreplaceable resource and what we do with this Ordinancewill affect these citizens, and may affect generations to come. Our water supply is not as vulnerable to weather and snow pack as is Seattle's supply, but it is very vulnerable to surface and underground sources of contamination and pollution. I ask that the Council make the Section cited above, a part of the Ordinance before it goes to public hearing. The City's past experience with commercial activity in Zone 1 has resulted in three known contamination incidents. We dodged a bullet on those, but next time we might not be as lucky. The first incident was the Olympic Pipeline spill, up the valley, that resulted in contamination of the river but not of our aquifer. Fortunately, the leak was in a location such that the leaked material was transported to the river instead of into the ground water. The second incident was a leaking underground gas tank system at the Texaco gas station located at 1408 Bronson.Way North. This contamination incident was the most disturbing of all. Utilities Committee Aquifer Protection Ordinance Page 2 The Texaco station had installed state-of-the-art secondary containment and detection equipment and still had a leak large enough to contaminate one of our production wells. The third incident was detection of a dry cleaning solvent in a monitoring well. Due to the fortunate detection of the substance before it entered the vicinity of the production well, the City was able to operate the wells in a manner to contain the plume and prevent further contamination. If you take a look at the experiences of many of our neighboring communities, you can see that contamination of ground water from commercial and industrial activity is a common occurrence. Issaquah recently has had extensive problems with ground water contamination from gas stations. Tacoma has treated their ground water for years for volatile compounds leaked from an oil business. In our own backyard, ground water contamination has been found under the PACCAR site, the METRO treatment plant site, Quendall terminals, Baxter poleyard, and numerous underground tank sites. The problem is nationwide. Tuscon, Arizona has lost its underground aquifer due to contamination by an electronics manufacturing plant, and Fairfax, Virginia has just discovered massive contamination of its aquifer by fuel storage tank leakage. I believe that precautionary measures and good business practices alone cannot protect our aquifer for the long term. Even with state-of-the-art containment and monitoring, significant contamination of ground water can and does occur. Cleanup of ground water contamination is very expensive at best, and often cannot be accomplished at all, as the City of Tuscon has found. Treatment of the contaminated water to bring it to drinking water standards, even if it can be accomplished, would drive our water rates through the ceiling. I believe that Renton has no other option than to require the ultimate removal of large quantities of regulated material from Zone 1 of our aquifer. e Jesse Tanner, Chair C:DOCS:92-552:LLH:ps CC: Gregg Zimmerman Ron Olsen Lys Hornsby UTILITIES COMMITTEE COMMITTEE REPORT AUGUST 3, 1992 AQUIFER PROTECTION ORDINANCE (Referred 11/19/90) On July 21, 1992, the Utilities Committee met to continue its review and discussion of modifications to the proposed Aquifer Protection Ordinance. The Committee approved the attached final draft of the ordinance for presentation to the Council. This final draft is a revision of Draft 16 originally referred to the Committee. Revisions of substance to the Aquifer Protection Ordinance from the Draft 16 version include: 1. Removal of the mandatory relocation provision for zone 1 facilities by ten years. 2. Addition of voluntary relocation incentives (limited co-payments) to zone 1 facilities who relocate outside of zone 1 but within the city limits. 3. Removal of the $200,000 bonding requirement for all zone 1 facilities. 4. Removal of provisions that existing development in zones 1 and 2 within 330 ft. of sanitary sewer connect to that sewer. The final draft has only provisions to require new development in both zones to connect to the central sanitary sewer. 5. Addition of city aid for required installation of monitoring wells by zone I facilities. 6. Increased inspection of zone 1 facilities from annually to bimonthly. 7. Added compliance requirements within zone 1 such as requiring routine training of employees regarding permit requirements, having emergency collection equipment on site, inventory of regulated substances, and publishing names of violators in the newspaper. 8. Addition of provision requiring mandatory relocation outside of zone 1 if contamination incidents or repeated violations of the ordinance occur. 9. Addition of provision to limit, increased use of regulated substances by existing zone 1 facilities. Due to the substantial changes, the Committee recommends that the Council set a date for a public hearing on this final draft prior to taking action to enact the ordinance. Jesse Tanner, Chair Bob Edwards, Vice Chair // imothy J. Sch .• , ember Attachment • June 1. 1992 Renton City Council Minutes Page 237 Vacation: VAC-91- City Clerk requested adoption of ordinance vacating portion of South 001, South 123rd 123rd Street (Meyer/Dorsey), VAC-001-91; appraisal fees have been Street (Meyer/Dorsey) received. Council concur. (See Page 243 for 1st reading of the ordinance.) H&HS: Family Service Human Services Division submitted a resolution for reading and adoption Legislation, Sales Tax supporting family service efforts and legislation and authorizing seven Increase counties to impose a 0.1% sales tax increase. The resolution will be submitted on 6/12/92 to the Association of Washington Cities (AWC) Resolutions Committee for presentation at AWC conference 6/18/92. Council concur. Parks: Senior Center Parks Department submitted Park Board and Senior Citizens Advisory Name Change Board recommendations to change the name of the Renton Senior Center to Renton Senior Activity Center. Refer to Community Services Committee. Utility: Public Works Planning/Building/Public Works Department requested authorization to Trust Fund Loan submit applications for funding assistance to the Public Works Trust Fund Program loan program for six utility projects: Windsor Hills Road & utility improvements; East Renton Interceptor; SW 7th Drainage improvements; central business district (CBD) sewer replacement; AC watermain replacement; and Park Avenue North watermain replacement. Council concur. CAG: 92-053, CAD Technical Services Division requested correction to list approved 5/4/92 Drafting Services, for CAD drafting services contracts, adding firm of Gardner Consulting, Gardner Inc. and deleting Bush, Roed & Hitching (CAG-053-92). Council concur. Airport Layout Plan Transportation Division requested authorization for pre-application to the Update, FAA Grant Federal Aviation Administration (FAA) for Airport Layout Plan update to Funds resolve airport design standards issues; expenditure required $77,000.00 (grant reimbursement $70,000.00). Refer to Transportation (Aviation) • Committee. CAG: 90-073, Utility Systems Division submitted Task Order #6 to annual contract with Watermain James M. Montgomery Consulting Engineers (CAG-073-90) for asbestos Replacement, N. 33rd cement-lined watermain replacement at North 33rd Place and North 35th Pl. & N. 35th St., Street between Burnett Avenue North and Park Avenue North; Montgomery Eng. expenditure required $32,661.00. Council concur. Utility: Sierra Heights Utility Systems Division submitted Public Works Trust Fund construction Sewer Project, Public loan agreement #PW-5-92-280-033 for Sierra Heights Sanitary Sewer Works Trust Fund Project; expenditure required $1,230,451 (revenue generated $987,180). Loan Refer to Utilities Committee. Utility Systems Division submitted amendment to contract with CH2M Aquifer Protection Hill (CAG-061-85) for additional funds to complete Aquifer Protection Ordie, CH2M Ordinance and prepare framework for implementation; expenditure H1H 1 required $32,368. Council concur. • • CITY OF RENTON COUNCIL AGENDA BILL Al #: 7 JK Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Utility Systems Division/Water Section June 1 , 1992 Staff Contact Ron Olsen and Lys Hornsby (X-5539) Agenda Status Consent X Subject: Public Hearing... Amendment to contract CAG-061-85 Aquifer Correspondence.. Protection Ordinance, to increase contract amount Ordinance Resolution Old Business Exhibits: New Business Study Sessions.... Letter Amendment Information Recommended Action: Approvals: • Council concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $32,368 Transfer/Amendment Amount Budgeted $52,256.05 (1992 Proposed Revenue Generated Adjustment) Summary of Action: The letter amendment authorizes additional work and money for CH2M Hill to continue assistance to the City for the preparation of the Aquifer Protection Ordinance. This amendment includes technical assistance to the City, development of the permitting system, development of a data management system, assistance during the reassessment of the Ordinance, and technical review of proposed facilities within the Aquifer Protection Area. This work is necessary to complete the Ordinance and prepare the framework for implementation (permits and database). The total additional amount needed to complete this work is $32,368. The money to cover these costs were added in the 1992 proposed budget adjustment ($52,256). The balance of the budget adjustment will be used to cover staff time, preparation of public information materials, and printing of permit and other forms. Staff Recommendation: It is the recommendation of the Planning/Building/Public Works Department that Council authorize the Mayor and City Clerk to execute the attached letter amendment for CAG 061-85 with CH2M Hill. C:DOCS:92-353:LLH:ps 1 . , • )1111.11111 Engineers NMI Planners CKMHII.L Economists Scientists May 5, 1992 SEA707.55 w c yam' j `` '1 `. 1 40 Mr.. Ronald L. Olsen x.11 Water UtilitySupervisor P OF c NTO�1 City of Renton ing DePt. 200 Mill Avenue South En ��eer Renton, Washington 98055 Dear Ron: • Subject: Approval for Budget Increase of Task B (Other Services) Contract CAG 061-85 Per your request, CH2M HILL has prepared this budget increase approval letter and supporting documentation to increase the scope and budget of Task B. The purpose of this additional work is to provide continuing CH2M HILL assistance to the City of Renton regarding finalizing the Aquifer Protection Ordinance. The work scope, cost esti- mate, and preliminary schedule for this work are attached. The costs for this additional work have been estimated by CH2M HILL on the basis of available information and specific assumptions as to how the work will proceed. It should be noted that the labor and expenses to actually carry out the work tasks may be less than or greater than the estimate contained herein. During the course of the project, CH2M HILL will work with the City to assess and revise the scope, costs, and schedule required to complete the project, if necessary. CH2M HILL estimates the cost of this additional work to be $32,368, in accordance with the attached estimate which is itemized by task. This estimated cost will not be exceeded without prior written authorization from the City of Renton. CH2M HILL is prepared to begin the work upon receipt of a copy of this letter countersigned by the City of Renton. Actual work will be billed by CH2M HILL to the City of Renton on the basis of hourly labor costs of staff that work on the project, and direct expenses, per the existing agreement between CH2M HILL and the City of Renton. Average 1992 hourly rates for the CH2M HILL Seattle Region are attached for reference. CH2M HILL Seattle Office 777 108th Avenue N.E.,Bellevue, WA 98004 206.453.5000 P.O.Box 91500,Bellevue, WA 98009-2050 Fax 206.462.5957 • Mr: Ron Olsen Page 2 May 5, 1992 SEA707.55 Thank you for the opportunity to provide continuing services to the City of Renton. Sincerely, CH2M HILL Michael R. Warfel Project Manager mw/warfel/sow92.51 City of Renton Date • Mr. Ron Olsen Page 3 May 5, 1992 SEA707.55 SCOPE OF WORK FOR PROVIDING CONTINUING CH2M HILL ASSISTANCE TO THE CITY OF RENTON REGARDING THE AQUIFER PROTECTION ORDINANCE PROJECT May 5, 1992 Task 1. Provide Technical Assistance to Water Utility in Preparation of Final Aquifer Protection Ordinance • Develop responses to technical questions regarding the proposed ordinance, as directed by the Water Utility. • Deliverables: Memo that summarizes and addresses technical questions. Task 2. Assist Water Utility with Development of Aquifer Protection Permit System Forms and Instructions • Compile examples of forms used by the City (fire department, building permits, etc.) and by agencies with existing groundwater protection programs. Attach comments regarding use of features from these forms for the aquifer protection permits. Submit examples and comments to Water Utility. Meet with Water Utility and City staff to discuss possible format for permit forms (assume 2 meetings x 1 hr/meeting). • Prepare drafts of permit forms and submit to Water Utility. Meet with Water Utility to discuss revisions to forms (assume 2 meetings x 1 hr/meeting). Prepare final forms and submit. to Water Utility. • Prepare draft instructions (to accompany permit forms) and a draft public information packet regarding the permit program. Submit drafts to Water Utility. • Meet with Water Utility to discuss revisions to draft instructions and information packet (assume 2 meetings x 1 hr/meeting). Prepare final permit instructions and information packet. • Deliverables: Set of example forms with comments; mock-up and final permit forms; draft and final permit instructions and public information packets. • Mr. Ron Olsen Page 4 May 5, 1992 SEA707.55 Task 3. Assist Water Utility with Selection, Development, and Implementation of a Data Management System for Aquifer Protection Permit Information • Meet with Water Utility to define project requirements (assume 1 meeting x 2 hr). • Meet with Water Utility and Renton Fire Department to assess current SARA hazardous material information management system and potential interaction with aquifer protection data system (assume 1 meeting x 2 hr). • Develop conceptualdatabase model. Design database structures and • submit to Water Utility for review. • Meet with Water Utility to discuss database structures (assume 1 meeting x .. 2 hr). Prepare final database structures and submit to Water Utility. • Assist Water Utility in evaluating database software options and compatibility with existing City systems (assume 1 person-day of effort). Meet with Water Utility to discuss options.and confirm software selection (assume 1 meeting x 2 hr). Prepare brief memorandum documenting the selection. • Purchase database software to be used for construction of the database. Create database tables, table relationships, and basic reports. Test, review, and develop documentation for the database..(Assumes 3.5 person-days of effort and that CH2M HILL project staff are reasonably familiar with the selected software). • Install selected database software on the Water Utility computer and train Water Utility in use of database (assume 2 meetings x 4 hr/meeting). • Provide support to Water Utility staff during implementation and initial 6 months of operation of data management system (assume: 2 meetings x 2 hr/meeting; phone calls/correspondence, 4 hr/month x 6 months). • Deliverables: Memorandum documenting selection of database software; database documentation (list of database fries and table relationships; examples of simple reports; brief discussion of data management procedures). Mr.'Ron Olsen Page 5 May 5, 1992 SEA707.55 Task 4. Assist Water Utility in Required Re-Assessment of Aquifer Protection Ordinance Provisions • Assist the Water Utility in compiling and analyzing permit application data (collected during the initial 6 months that the ordinance is in effect), including preparation of appropriate reports from the database to support the analysis. • Provide technical assistance to the Water Utility in addressing issues pertaining to revisions of the aquifer protection ordinance. • At the request of the Water Utility, prepare for and attend meetings with the Water Utility staff, Utilities Committee, and/or City Council, to present the results of the analysis and to discuss revisions to the • ordinance (Assume 4 meetings x 1 hr/meeting). • Deliverables: Memos that summarize or clarify the results of the meetings. Task 5. Assist Water Utility With Technical Review of Proposed Facilities in the Aquifer Protection Area • Upon request of the Water.Utility, provide technical opinions regarding potential impacts of the proposed facilities on groundwater resources. Information to be reviewed includes aquifer protection area permits, regulated substance management plans, groundwater monitoring plans, and designs of regulated substance containment devices. Identify additional facility design information that is required to assess groundwater impacts. Summarize findings in letters to the Water Utility. • Provide this technical assistance for the 10-month period from July 1992 through April 1993. (Assume 8 hr/month x 10 months). • Deliverables: Letters to the Water Utility that summarize findings of the reviews of proposed facilities. Mr. Ron Olsen Page 6 May 5, 1992 SEA707.55 COST ESTIMATE RENTON AQUIFER PROTECTION ORDINANCE PROJECT Person-Days at Labor Rate TOTAL Task E-5 E-3 DT 0 LABOR EXP TOTAL ($800) ($565) ($440) ($310) 1. Technical Assistance 1 0 0 0.5 $955 $95 $1,050 for Final Ordinance 2. Assistance with Permit 3 7.5 0 3 7,568 680 8,248 System Forms/Instructions 3. Development of Data 2 10 4 0.5 9,165 1020 10,1.85 Management System 4. Re-Assessment of 3 2 1.5 1.5 4,655 290 4,945 Ordinance Provisions . . 5. Technical Review of 5 5 2.5 7,600 340 7,940 Proposed Facilities . TOTALS 14.0 24.5 5.5 8.0 $29,943 $2,425 $32,368 NOTES E = Engineer DT = Data Technician 0 = Office (secretarial) Mr. Ron Olsen Page 7 May 5, 1992 SEA707.55 ESTIMATED SCHEDULE RENTON AQUIFER PROTECTION ORDINANCE PROJECT Task 05-92 06-92 . 07-92 08-92 09-92 10-92 11-92 12-92 01-93 02-93 03-93 04-93 1. Technical Assistance for xx xx Final Ordinance . 2. Develop Permit System xx xx xx 3. Develop/Implement Data xx xx xx xx xx xx xx Management System 4. Re-assess Ordinance xx xx Provisions 5. Technical Review of xx xx xx xx xx xx xx xx xx xx Facilities . .Mr. Ron Olsen Page 8 May 5, 1992 SEA707.55 AVERAGE HOURLY RATE SCHEDULE CH2M HILL SEATTLE REGION 1992 Grade (a) Hourly Rate (b), (c) Grade (a) Hourly Rate (b), (c) BO 51.15 TA 33.00 El 59.40 Ti 43.73 E2 66.00 T2 49.50 E3 73.43 T3 58.58 E4 84.98 T4 67.65 R5 97.35 T5 80.03 E6 113.85 0 39.60. E7 137.78 E8 168.30 B9, 248.33 NOTES (a) E = Engineer T = Technician 0 = Office (clerical) (b) Hourly rates represent an average for personnel in the specified grades. Hourly labor costs billed to the project will reflect hourly rates of the personnel who actually work on the project. (c) Hourly rate = salary cost x 2.2 A'\ 4 \ k \\ A. ' ' ‘ \\4\ '' ; - k ''4i :0‘ \ \ \\ \'' 1 .* is.\ \ 9\ i \\\ \\ ‘ \ \ — \ s w\. \\ \:\\ - ,, ir \ , ,(\ N — ' \ *\\ 1 - _ \ \ 4 \\ ‘ \ \ \\\ ‘\\. t\, , _ \ , \ \\ ...-i ‘ \ \ \1\ --\\\\ i \\ - \ ' \ \ N, \ ‘ \ -. al si g I \\4 \\\ i ', % -‘,1 \". , \ ,°\ , i . . \ ' \ ..- 1,.\ 1 1-1.-- N kNAit \ , \1 ' i4 1 \\, 4 _ \k Ks‘\ O \\ \ \\ 0 \ - ,s ‘k,, 44— (...., 0 = v \i. ) i4 \ 7 zIA \ \ \ ' \\I ‘\ . \‘' • \ t I '' ' 0 ‘k \ fr 1\\ ‘ 4 ,. 4‘cl % ‘ ‘, N4 i -\ , 4 41A ')N i „ \\ - ' , \\' ,1%\i,\\A 4\ii :\\\. 1 \\\\:\,0, , ,,‘‘, \,' , \\ \\\I \\ \ , , \, \\\ . \\I\ ' i,- \ \ \ \ N \ \ \ t ,‘, -4 , '4 \- - \ v O‘N `\ * - . \ , \ '1 , \\ \ .. 44 ‘ , ,, ,,,, _\ N \ , , \ , , \\ \ , , , . , \ 1% \ \ \ \\\\ i i , I l \ ,s, — s Az, *vs\ , \ 1 \ _ \ \ \ \ \ \ \ , , 1\1411t ttO t. ‘ ik\ t ' \ \\ \ rtqt icki ' .0 ‘N\ , \ - \\ ‘ \,1 .4,, \\I s ,, \ !tA,0 \ 41‘ ) \ ! \ . \ 2k,\ - 4kT ,V 1 ,r\ 1 \ . 1\ ‘\i•- c • . ti / // c% '�:; CITY OF RENTON ,/° Administrative Services I!! j c Earl Clymer, Mayor Dan Clements, Director 11, ) May 5, 1992 Mr. Stanley Thomas Puhich 319 Main Street Renton, WA 98055 Dear Mr. Puhich: Thank you for your letter regarding the Aquifer Protection Ordinance, and its potential impact on business owners. Copies have been forwarded to the Mayor and Councilmembers as you requested. The topic of the Aquifer Protection Ordinance is currently being reviewed by the Council's Utilities Committee. The Committee will meet on this subject on May 14, 1992, at 3:00 p.m. in the 6th floor conference room of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055. The meeting is open to the public, and you are invited to attend. Please feel free to call if you need additional information. Sincerely, .).--n/ ' 1141ra.a.c.4A, Marilyn /'-rsen, CMC City Clerk 235-2502 cc: Mayor Earl Clymer Councilmembers Ron Olsen, Utility Engineering Supervisor • 200 Mill Avenue South - Renton, Washington 98055 API-; I 27 iqqa '.111Y OF RENTON MCIOr axed C.(;)ton ci • \114‘r 1"2 / • I:fe pver . ro+i Wr ) oeph Pu.hidn' • :ct.rIct, The hassle or hm 4-0 Ynain-VaAn his • small : e55:' +h .e ' ' ;64\j ,sees hi5 bus trte5 a:5 5apce bo coals gs he . has ' ben . NCt651..4-lec( O Qt011 . • ct, • this A-elk : The b4'51- +'()6e who," 4h€ now SI-cd8 of •FotA3eir:‘. ` 41d6. • .11n govetiroevit , are reaching -Er • 5°rneAlYn Pa's14-iov) : - • I -I- : $ eern :. fon 4he \rimy)* e O-f 4-hese • Pe9P1€ b1/4Ve abrif) fo view -1-hei)is tve,5OS •-the rIeu oral;13 and.d ae 44)(6, above ao3 cis pe6. rnaKes common - sens , A -(The seem -1-(9 e uf +00( do tar; osive Dui ned.(e. 5. rubb€rs ; 6c +.0 54-op Small businees , such 1S, Icte(s.; iho5e 1 oeir.5 (Who 1-h ea55(.4..,vne ofNe c1 Th-the -6res-fs prirni-i-ive) '1 IA -141 e name 'neck, 1401 l5e i n al ( o-F +hs 4-he (en a.ol mew( Of over- i1u ; ar4 rnaKin9 hetv' bn • -the I ► key ; of Joe. Pccnic , only s4) ows ),(1 o too +1)e6 e 642 ecti6+ for Mor4 are Gtbuyiny i.uci ofIg)veirniv� ; o-EP) cA`a:.(s, I hope Some o"ne min +he I-MccC� owe�rrnn-� ,� Il Come �o � r 5en5es� � s000, +0 sioP ;+hose _ who :of +he esPandn 5ovnrnevrf +hcd govrnmn+ can Q9ain become def 14e:` peIe cLnd work .. to make -5enstible laws ; `Fiat ave as mntr3ood Mar ( . aid : il 'N :" +0 he( pv63 �. Conveci ' -Vhe hetrk1 -hey - hl A,ke a- Cp Irn m u n 14: L) trs . , . , 31:10 B 1 q Mair S+• CYI+On� W h •: 9 '966:5 March 9. 1992 Renton City Council Minutes Page 124 about the Arlingdale addition and the Senescu five acres during the plat and permit processes. Councilwoman Mathews requested that the Administration provide Council with an update on the Senescu annexation. OLD BUSINESS Utilities Committee Chairman Tanner presented the following Committee Utilities Committee reports: CAG: 90-022, Water Referred 3/2/92 - The Utilities Committee recommended concurrence in System Emergency the staff recommendation that Council approve the consultant contract Response Plan, RH2 with RH2 Engineering in the amount of $33,292 to update the Water Engineering System Emergency Response Plan. The Committee further recommended that the Mayor and City Clerk be authorized to execute the contract document. MOVED BY TANNER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utility: Special Utility Referred 3/2/92 - The Utilities Committee recommended concurrence in Connection Charge the staff recommendation to approve the petition for a limited exemption Exemption, Spirit of from City Special Utility Connection Charges (SUCC) submitted by Spirit Washington of Washington, Inc., for their proposed dinner train project at the Renton depot site at South 4th Street and Burnett Avenue. This exemption would allow the Spirit of Washington, Inc. to be assessed the sewer and water SUCC fees against only that portion of the Burlington Northern right-of- way that they would be using for the site of the dinner train operations, rather than being assessed these fees against the entire Burlington Northern right-of-way tax lot. The Committee recommended that the following criteria be used to determine the segregation of the fees: a) The segregated area shall include, but not be limited to, all contiguous existing developed land for which the SUCC fees have not been paid; all proposed buildings, driveways and sidewalks, parking areas, grass and landscape areas, public access areas, storm drainage facilities, and detention ponds; and any improvements required for mitigation of environmental impacts under the State Environmental Policy Act (SEPA). b) The boundary line for the segregation of SUCC fees shall be established by metes and bounds legal description, and shall not be closer than fifteen feet to any structure. An administrative fee of $750.00 will be assessed for preparation, processing, and recording of the segregated fee by restrictive covenant. Concurrence of Burlington Northern Railroad and the property owner will be required. MOVED BY TANNER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT.* Responding to Councilman Stredicke's inquiry, City Attorney Warren noted that the ordinance governing this process allows the City to charge an administrative fee. *MOTION CARRIED. Utility:Zslam Referred 11/19/90 - Utilities Committee Chairman Tanner advised that Protection Ordinance the Committee met on 2/20/92 and 3/5/92 to review the proposed Aquifer Protection Ordinance and to recommend changes. March 9, 1992 Renton City Council Minutes Pane 125 Following the reading of the committee report, it was noted that the Aquifer Protection Ordinance will remain in Committee for further consideration. Finance Committee Finance Committee Chairman Mathews presented a report recommending Vouchers approval of payment claims checks #87819 through 88220 and four wire transfers totaling $2,494,255.03, and payroll vouchers #106567 through 106935, and 278 direct deposits, in the amount of $898,705.91. MOVED BY MATHEWS, SECONDED BY NELSON, COUNCIL CONCUR IN APPROVAL OF THE VOUCHERS. CARRIED. Public Works: CNG Finance Committee Chairman Mathews reported that the Committee is Refueling Facility & holding the request from the Maintenance Division regarding a 1992 mid- Vehicle Conversion year budget adjustment for a compressed natural gas (CNG) refueling facility and a budget evaluation to provide for conversion of ten vehicles to CNG in 1992. Transportation Referred 3/2/92 - Transportation (Aviation) Committee Chairman (Aviation) Committee Stredicke presented a report stating that the Committee recommended WSDOT: Traffic Flow concurrence with the Transportation Systems Division's recommendation Study, I-405 & State to approve the interlocal agreement between the Washington State Routes Department of Transportation (WSDOT), Tukwila, and Renton to conduct a traffic study to evaluate positive and negative impacts of regulating traffic flow on and off State routes and I-405 and to formulate alternatives. As specified in the agreement, WSDOT will reimburse the $64,500 expenditure to the City at 100 percent. This study will save the City $443,000 on modeling costs for the Renton Transportation Plan. The Committee recommended that the Mayor and City Clerk be authorized to execute the interlocal agreement. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY STREDICKE, SECONDED BY EDWARDS, THAT THE COUNCIL GO ON RECORD IN OPPOSITION OF RAMP METERING IN THE CITY OF RENTON. Councilman Tanner stated his opinion that since ramp metering is included in this study, the issue should be addressed after all facts are available. *MOTION CARRIED. MOVED BY STREDICKE, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See Page 128 for Resolution #2886.) WSDOT: I-405 S- Referred 3/2/92 - Transportation (Aviation) Committee Chairman Curve Project, Mill Stredicke presented a report stating that the Committee recommended Ave. Rebuild & SR- concurrence with the Planning/Building/Public Works Department 515 Channelization recommendation to approve the interlocal agreement with the Washington State Department of Transportation (WSDOT) to rebuild Mill Avenue South to one level, as part of the I-405 S-Curve High Occupancy Vehicles (HOV) and realignment project. The City will pay the difference between the total cost to rebuild the road and the estimated cost of WSDOT to construct a noise wall along I- 405. Installation of a water and sewer line along Mill Avenue South is part of this agreement. Also, WSDOT will resurface SR-515 (Main Avenue) and SR-900 (Houser Way) between South 4th Street and Mill FINAL 7r r -1 ,F AQUIFER PROTECTION ORDINANCE ' ,,Q'0 ,� Tanuary 30, 1992 CONTENTS Q Section c„,,, Pag, vi 1. Title 3 / 2. Amendment of Existing Ordinances of The City of Renton 3 A. Ordinance No. 4260, Title V, Chapter 2 3 B. Ordinance No. 4260, Title V, Chapter 4 , 3 C. Ordinance No. 4260, Title IV, Chapter 1 ,=` 3 D. Ordinance No. 1628,Title IV, Chapter 7 / . 4 E. Ordinance No. 4260, Title V, Chapter 5 / 4 FE. Ordinance No. 4260, Title IV, Chapter 22 43 GO. Ordinance No. 4260, Title VIII, Chapter 5 98 HE. Ordinance No. 4260, Title IV, Chapter 6 9 IF. Ordinance No. 4260, Title IV, Chapter 9 3. Purpose and Intent ' 109 A. Purpose , 109 B. Intent 109 4. Definitions 11+9 5. Applicability 154-4 6. Exemptions 164-5 e 7. Provisions for Cert, ` Regulated Substances Used in the Aqu'r r Protection Area 1744 8. Aquifer Pro/ction Areas and Zones 17 9. Regulat. ns Which Apply Within Zone 1 of an APA 184-7 A. Removal of Existing Facilities 184-7 B. Review of Proposed Activities 194-8 Wastewater Disposal Requirements 204-9 'O. Pipeline Requirements 204-9 E. Construction Activity Standards 2120 F. RequirementsGefrelifiefts for Aquifer Protection Area Operating Permits Issued to Existing Facilities 2224- 10. Regulations Which Apply Within Zone 2 of an APA 2623 A. Existing Facilities 2623 B. Review of Proposed Activities 2623 C. Wastewater Disposal Requirements 2724 D. Pipeline Requirements 272-4 E. Construction Activity Standards 2724 F. Requirements for Aquifer Protection Area Operating Permits Issued to Existing and New Facilities 2725 G. Potential to Degrade Groundwater 272.5 1 1 • • Aquifer Protection O', Lance-FINAL January 30, 1992 Page 2 Section Page 11. Regulations for Existing Solid Waste Landfills 2825 12. Aquifer Protection Area Permits 2826 13. Operating Permit Conditions 2926 14. Regulated Substances Management Plan 3128 15. Groundwater Monitoring Plan 3229 16. Unauthorized Releases 3229 A. General Provisions 3229 B. Unauthorized Releases Requiring Recording 3223 C. Unauthorized Releases Requiring Reporting 3330 17. Closure Permits and Permit Conditions 3432 18. Enforcement 3533 19. Notice of Violation 3633 20. Injunctive Relief 3633 21. Other Laws, Rules, and Regulations 3634 22. Penalties 3734 23. Administrative Rule 3734 24. Modifications, Waivers, Alternatives, Tests 3734 25. Appeals 3835 26 Aquifer Protection Variance Procedures 3936 27 Effective Date 4239 28 Severability 4239 Exhibits Exhibit 1. Generic Substances List Exhibit 2. Legal Description of Zone 1 and Zone 2 Aquifer Protection Areas in the City of Renton, Washington Exhibit 3. Aquifer Protection Map Exhibit 4. Pipeline Material Requirements r i Aquifer Protection Ordi be-FINAL January 30, 1992 Page 3 FINAL AQUIFER PROTECTION ORDINANCE Tanuary 30, 1992 SECTION 1: TITLE This Ordinance shall be hereinafter known as the "Aquifer Protection Ordinance," may be cited as such, will be hereinafter referred to as "this Ordinance", and same shall be and constitute Chapter_, Title of Ordinance No. _known as SECTION 2: AMENDMENT OF EXISTING ORDINANCES OF THE CITY OF RENTON A. Ordinance No. 4260, Title V, Chapter 2 Chapter 2, Bonds, of Title V (Finance and Business Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended as follows: Add new Section 5-2-6: Aquifer Protection Area Permits: All permittees, before final issuance of an aquifer protection area permit (operating and closure permits), shall execute a security agreement in a form acceptable to the City not to exceed two hundred thousand dollars ($200,000.00), conditioned for the faithful performance of the requirements stated in the permit and that they will clean up to the satisfaction of the Water Utility any and all contamination incidents on or emanating from the permitted property. B. Ordinance No. 4260, Title IV, Chapter 4 Chapter 4, Zoning, of Title N (Building Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended as follows: Section 4-31-33B.1. Add: For all development in the Light Industrial (L-1) and Heavy Industrial (H-1) Zones that fall within Zone 1 or Zone 2 of an Aquifer Protection Area. C. Ordinance No. 4260,Title IV, Chapter 1 Chapter 1, Fee schedule, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,Washington" is hereby amended as follows: Section 5-1-1.A.2.q. Aquifer Protection Area Permit Fees Zone 1 of Aquifer Protection Area: $840.00 per year. Aquifer Protection C, fiance-FINAL January 30, 1992 Page 4- - D. Ordinance No. 1628,Title IV, Chapter 7 Chapter 7, of Title IV is hereby amended as follows: Section 4-712.D Replace with: Siting of Hazardous Waste Treatment and Storage Facilities is prohibited in a designated Aquifer Protection Area. E. Ordinance No. 4260,Title V, Chapter 5 Section 5-5-5. Requirements for Business License Applications and Renewals Within an Aquifer Protection Area: All applications for business licenses within a designated Aquifer Protection Area (Zones 1 and 2) shall be required to include an inventory of regulated substances to be used on site. This inventory shall be on a form provided by the City and include type, quantity and form of regulated substances. The Water Utility shall review these inventories prior to issuance or renewal of the business license. FE. Ordinance No. 4260, Title IV, Chapter 22 Section 4-22-8, Drainage Plan Requirements and Methods of Analysis, of Chapter 22, Storm and Surface Water Drainage, of Title IV (Building Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended as follows: Add: SPECIAL REQUIREMENT #13: AQUIFER RECHARGE AND PROTECTION AREAS Threshold IF a proposed project lies within an Aquifer Protection Area as defined and designated by City ordinance and as indicated on the Aquifer Recharge and Protection Map at the City permit counter... Requirement THEN the proposed project drainage review and engineering plans shall be prepared in accordance with the special requirements, methods of analysis and design standards that have been adopted for Aquifer Recharge and Protection Areas by City ordinance. Add to DEFINITIONS: "Chemicals" means all "Regulated Substances" as defined by the City of Renton in the Aquifer Protection Ordinance. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.1 CORE REQUIREMENT # 1: DISCHARGE AT THE NATURAL LOCATION, as follows: Aquifer Protection Ordi ce-FINAL • January 30, 1992 Page 5 Add at end of existing section: Requirements that apply within Zones 1 and 2 of an Aquifer Protection Area: Surface and storm water runoff from a proposed project that proposes to construct new, or modify existing drainage facilities must be discharged at the natural location so as not to be diverted onto, or away from, the adjacent downstream property, except that surface and storm runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals should be discharged at the location and in the manner which will provide the most protection to the aquifer, as directed and approved by the Storm Water Utility and the Water Utility. Discharge from the project must produce no significant adverse impact to the downhill property. Where no conveyance system exists at the adjacent downstream property line or other acceptable location and the discharge was previously unconcentrated flow, the runoff must: (1) be conveyed across the downstream properties to an acceptable discharge point (see Core Requirement #2: OFFSITE ANALYSIS in Section 1.2.2), with drainage easements secured from the downstream owners and recorded at the King County Office of Records and Elections prior to drainage plan approval, OR (2) be discharged onto a rock pad shaped in a manner so as to disperse flow (see Figure 4.3.51) if the runoff is less than 0.2 cfs peak runoff rate for the 100-year, 24-hour duration design storm event existing site conditions. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT# 3: RUNOFF CONTROL, "Biofiltration," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: Proposed project runoff resulting from more than five thousand square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall not be treated prior to discharge from the project site by on-site biofiltration measures but shall instead be treated by a wetvault meeting the design criteria contained in Section 1.3.5 SPECIAL REQUIREMENT # 5: SPECIAL WATER QUALITY CONTROLS, and then a coalescing plate oil/water separator meeting the design criteria contained in Section 1.3.6 SPECIAL REQUIREMENT # 6: COALESCING PLATE OIL WATER SEPARATORS. Note, storm detention (if needed) must occur prior to these water quality facilities, the water surface area and volume contained in the coalescing plate oil separator shall be creditable towards meeting the size requirement of the last cell in the upstream wetvault Requirements for Zone 2 of an Aquifer Protection Area: Proposed project runoff resulting from more than five thousand square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall be treated . Aquifer Protection On _,dance-FINAL January 30, 1992 Page 6 prior to discharge from the project site by on-site biofiltration measures as described in Section 4.6.3 in Chapter 4 of the King County Surface Water Design Manual. All biofiltration facilities must be lined using the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. The biofiltration design flow rate shall be based on the peak rate of runoff for the 2-year, 24-hour duration design storm event total precipitation. Note, biofiltration facilities installed following peak rate runoff control facilities may be sized to treat the allowable release rate (pre-developed) for the 2-year 24- hour duration design storm event for the peak rate runoff control facility. Biofiltration facilities installed prior to peak rate runoff control facilities shall be sized based on the developed conditions with the design flow rate being the peak rate of runoff resulting from the water quality design storm event as described in Section 1.3.5, Special Requirement#5: SPECIAL WATER QUALITY CONTROLS. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT # 3 RUNOFF CONTROL, "Detention Facilities," as follows: Add at end of existing section: Requirements for Zone 1 •of an Aquifer Protection Area: The City of Renton prohibits the construction of new detention ponds to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT # 3 RUNOFF CONTROL, " Runoff Control," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton. prohibits the construction of new detention ponds to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT # 3: RUNOFF CONTROL, "Infiltration Facilities,"as follows: • Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new infiltration facilities to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. Aquifer Protection Ordi ce-FINAL January 30, 1992 Page 7 Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.4 CORE REQUIREMENT # 4: CONVEYANCE SYSTEM, "(4) For new drainage ditches or channels," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: New drainage ditches or channels shall not be employed to convey the runoff resulting ,from impervious surface that is subject to vehicular use or storage of chemicals. Requirements for Zone 2 of an Aquifer Protection Area: New drainage ditches or channels shall only be employed when a pipe system is not feasible. New drainage ditches or channels shall be lined using the design criteria, and existing drainage ditches or channels reconstructed, to convey the peak runoff from the 25 year designstorm using the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. and the Methods of Analysis described in Section 4.3.7 in Chapter 4 of the King County Surface Water Design Manual with a freeboard to overflow of 0.5 feet. In addition, new drainage ditches or - channels must be demonstrated to convey the peak runoff from the 100 year design storm without overtopping. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.4 CORE REQUIREMENT-# 4: CONVEYANCE SYSTEM, "Composition," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: New conveyance systems shall be constructed in accordance with the Pipeline Requirements, specified in Section 8(E) of the Aquifer Protection Ordinance. Proposed projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or storage of chemicals. Said impervious surface shall be provided with the proper catch basins and a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. Requirements for Zone 2 of an Aquifer Protection Area: eoanee - - : - ••" : - - • ; •.• - - •. - e :'. . . Proposed projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or storage_ of chemicals. Said impervious surface shall be provided with the proper catch basins and a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT # 5: SPECIAL WATER QUALITY CONTROLS as follows: • ' Aquifer Protection C'.r:Liance-FINAL January 30, 1992 Page 8 Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area Threshold IF a proposed project will discharge runoff from more than five thousand square feet of impervious surface that will be subject to vehicular use or storage of chemicals. Requirement THEN a wetvault meeting the standards described above shall be employed to treat a project's runoff prior to treatment by the coalescing plate oil/water separator and discharge from the project site. New or existing retrofitted wetvaults and appurtenances shall meet the Pipeline Requirements specified in Section 8(E) of the Aquifer Protection Ordinance. Amend: Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT # 5: SPECIAL WATER QUALITY CONTROLS Requirements for Zone 2 of an Aquifer Protection Area: Threshold IF a proposed project will construct more than one acre of impervious surface that will be subject to vehicular use or storage of chemicals and: (a) proposes direct discharge of runoff to a regional facility, receiving water, lake, wetland, or closed depression without on-site peak rate runoff control; OR (b) the runoff from the project will discharge into a Type 1 or 2 stream, or Type 1 wetland, within one mile from the project site; OR (c) an infiltration facility will be used to provide the peak rate runoff control for site sub-basin areas with more than one acre of new or existing impervious surface that will be subject to vehicular use or storage of chemicals. Requirement THEN.a wetpond meeting the standards described above shall be employed to treat a project's runoff prior to discharge from the site. A wetvault or water quality swale, as described above, may be used when a wetpond is not feasible. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT # 6: COALESCING PLATE OIL/WATER SEPARATORS as follows: Aquifer Protection Ordi ,ce-FINAL January 30, 1992 Page 9 Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: Threshold IF a proposed project will discharge runoff from more than five thousand square feet of impervious surface that will be subject to vehicular use or storage of chemicals... Requirement THEN a coalescing plate, or equivalent, oil/water separator (as described above) shall be employed to treat this runoff following wetvault treatment and storm detention and discharge from the project site. D. Ordinance No. 4260, Title VIII, Chapter 5 Chapter 5, Sewers, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended as follows: Insert new section after existing Section 8-5-19 as follows: 8-5-20 REQUIREMENTS THAT APPLY WITHIN ZONES 1 AND 2 OF AN AQUIFER PROTECTION AREA For properties located in Zone 1 of an Aquifer Protection Area, additional requirements pertaining to sewers are specified in the following sections of the Aquifer Protection Ordinance (Ordinance No. ): Section 98(C), Wastewater Disposal Requirements; Section 98(DE), Pipeline Requirements; and Section 98(EF), Construction Activity Standards. For properties located in Zone 2 of an Aquifer Protection Area, additional requirements pertaining to sewers are specified in the following sections of the Aquifer Protection Ordinance (Ordinance No. ): Section 109(B), Review of Proposed Facilities; Section 109(C), Wastewater Disposal Requirements; Section 109(DE), Pipeline Requirements; and Section 109(EF), Construction Activity Standards; and Section 109(GH), Potential to Degrade Groundwater. E. Chapter 6, Environmental Ordinance of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended as follows: Section 4-6-22 E.1. Add: The Aquifer Protection Ordinance (Ordinance No. ) shall be included in the environmental policy of Renton. F. Chapter 31, Zoning Code, of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton Washington", is hereby amended as follows: • Aquifer Protection C`+ Lance-FINAL January 30, 1992 Page 10 Section 4-31-33. All proposals for changes in land use or for construction activities within the Aquifer Protection Area shall be subject to site plan review. SECTION 3: PURPOSE AND INTENT A. PURPOSE The purpose of this Ordinance is to protect aquifers used as potable water supply sources by the City of Renton from contamination by regulated substances. This Ordinance establishes regulations for land uses within Aquifer Protection Areas; construction, inspection and monitoring standards for new and existing regulated substance facilities; uniform standards for release reporting, emergency response, substance management planning, closure and abandonments, and enforcement; and permit procedures. B. INTENT It is the intent of this Ordinance to provide a method: 1. To protect the groundwater resources of the City of Renton. 2. To provide a means of regulating specific land uses within Aquifer Protection Areas. 3. To provide a means of establishing safe construction practices for projects built within an Aquifer Protection Area. 4. To protect the City of Renton's drinking water supply from impacts by facilities that store, handle, treat, use, or produce substances that pose a hazard to groundwater quality. 5. To protect public health and the environment by implementing the State Environmental Policy Act(RCW 43.21.C). 6. The provisions of this Ordinance will be re-evaluated by the City Council after March 1, 1993 to determine whether the Ordinance is meeting the goal of effective aquifer protection. This review period will allow staff to compile and assess regulated substance data submitted in operating permit applications for Aquifer Protection Area Zone 1. Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency are established by State and Federal laws and are not covered by this Ordinance. Aquifer Protection Ord -_-_ce-FINAL • ' January 30, 1992 Page 11 The Generic Substances List attached and incorporated as Exhibit 1 to this Ordinance is provided for informational purposes. Persons that store, handle, treat, use, or produce a substance on the Generic Substances List may be storing, handling, using, or producing a Regulated Substance as defined by this Ordinance and, therefore, may be subject to the requirements of this Ordinance. In addition to the provisions of this Ordinance, all underground storage facilities shall meet all applicable provisions and requirements of Title VII, Chapter 2, Underground Storage and Secondary Containment Ordinance, of the Code of the City of Renton. In addition to the provisions of this Ordinance, all hazardous substance facilities and installations shall meet all applicable provisions and requirements of Articles 80 of the Uniform Fire code, and City of Renton Ordinance No. 4186, Zoning Requirements for Hazardous Waste Treatment and Storage Facilities. SECTION 4: DEFINITIONS A. ADMINISTRATOR shall mean the Administrator of the Department of Planning/Building/Public Works of the City of Renton, or any successor office with responsibility for management of the Public Properties within the City of Renton, or his/her designee. B. AQUIFER shall mean a groundwater-bearing geologic formation or formations that contain enough saturated permeable material to yield significant quantities of water to wells. C. AQUIFER PROTECTION AREA (APA) shall be the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City of Renton, as defined in Exhibit 2 to this Ordinance. D. AQUIFER PROTECTION AREA PERMIT shall mean an authorization by the Utility for a person to store, handle, treat, use or produce a regulated substance within an APA. The two types of permits that will be issued pursuant to this Ordinance are an Operating Permit and a Closure Permit. E. AQUIFER PROTECTION ZONES are zones of an APA designated to provide graduated levels of aquifer protection. Each APA may be subdivided into two aquifer protection zones: 1. Zone 1: The land area situated between a well or well field owned by the City of Renton and the 365-day groundwater travel time contour. 2. Zone 2: The land area situated between the 365-day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City of Renton. ' Aquifer Protection C___}lance-FINAL __ January 30, 1992 Page 12 3. Protected APA designated Zone 2:.. If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata, the City of Renton may choose not to subdivide an APA into two zones. In such a case, the entire APA will be designated as Zone 2. F. CONSTRUCTION ACTIVITY means construction and all activities associated with construction, to include, but not be limited to, mining; grading; landfilling; excavating; and repair and maintenance of structures, equipment, and other appurtenances. G. CONTAINMENT DEVICE means a device that is designed to contain an unauthorized release, retain it for cleanup, and prevent released materials from penetrating into the ground. H. EPA shall mean the United States Environmental Protection Agency. I. FACILITY means all contiguous land within an APA, structures, other appurte- nances, and improvements on the land wherein regulated substances are stored, handled, treated, used, or produced in quantities greater than the de minimis amounts specified in Section 6(B) of this Ordinance. Pipelines including storm and. sanitary sewers, interstate freeways, state highways, arterials, and railroads are facilities for purposes of construction standards and operations review only, are not prohibited in Zone 1, and do not require an Aquifer Protection Area Operating Permit. These facilities may, however, be subject to special requirements that are supportive of aquifer protection, contained in relevant sections of the City code, and applied during the construction standards and operations review process. J. GROUNDWATER means water below the land surface in the zone of saturation. K. GROUNDWATER MONITORING PLAN shall mean a plan containing procedures to be followed to assess groundwater quality for concentrations of those chemicals identified in the operating permit. L. GROUNDWATER MONITORING WELL means a small-diameter well installed for purposes of sampling and monitoring groundwater. M. HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITY means any facility regulated pursuant to 40 CFR 264 or 265, or WAC 173-303- 280 through WAC 173-303-670. N. OPERATOR means any person in control of, or having responsibility for, the daily operation of a facility. O. OWNER may include a duly authorized agent or attorney, a purchaser, devisee, fiduciary, and/or a person having vested or contingent interest in the property and/or facility in question. Aquifer Protection Ordi ce-FINAL • January 30, 1992 Page 13 P. PERSON shall mean any person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, owner, lessee, tenant, or any other entity whatsoever or any combination of such, jointly or severally. Q. PIPELINE shall mean buried pipe systems (including all pipe, pipe joints, fittings, valves, manholes, sumps, and appurtenances that are in contact with the substance being transported) utilized for the conveyance of regulated substances. Pipelines include, but are not limited to, sanitary sewers, side sewers, storm sewers, leachate pipelines, and product pipelines. R. POTABLE WATER shall mean water that is satisfactory for drinking, culinary, and domestic purposes meeting current county, state, and federal drinking water standards. S. REGULATED SUBSTANCES shall mean any flammable liquids, combustible liquids, hazardous materials, and other substances, which are more particularly defined as: 1. FLAMMABLE LIQUID is any liquid having a flash point below 100 degrees F and having a vapor pressure not exceeding 40 pounds per square inch(absolute) at 100 degrees F. 2. COMBUSTIBLE LIQUID is a liquid having a flash point at or above 100 degrees F. 3. HAZARDOUS MATERIALS shall include such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hyperbolic materials, and pyrophoric materials as defined in Article 9 of the Uniform Fire Code and any substance or mixture of substances which is an irritant or a strong sensitizer or which generates pressure through exposure to heat, decomposition, or other means. 4. OTHER SUBSTANCES shall mean: a. A Hazardous Substance as defined by Sec-tion 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or (1)any substance designated pursuant to Section 311(b) (2) (A) of the Clean Water Act (CWA); (2) any element, compound, mixture, solution, or substance designated pursuant to Section 102 of CERCLA; (3)any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not including any waste, the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress); (4) any toxic pollutant listed under Section 307 (a) of the CWA; and (5)any imminently hazardous chemical substance or mixture with respect to which EPA has taken action pursuant to Section 7 of the Toxic Substances Control Act. Aquifer Protection C -- °_lance-FINAL January 30, 1992 - Page 14 b. Hazardous Substances that include any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090, 173-303-101, 173-303-102, or 173-303-103. c. Hazardous Waste as designated in WAC 173-303 as dangerous or extremely hazardous waste. d. Any material that may degrade groundwater quality when improperly used, stored, disposed of, or otherwise mismanaged. T. REGULATED SUBSTANCES MANAGEMENT PLAN shall mean a plan containing procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a regulated substance. U. SOLID WASTE shall be defined as per Chapter 173-304 WAC, Minimal Functional Standards for Solid Waste Handling, WAC 173-304-100 (73). V. UNAUTHORIZED RELEASE means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a regulated substance in a quantity greater than 1 gallon (5 pounds) per incident from a facility into a containment system, into the air, into groundwater, surface water, surface soils or subsurface soils. Unauthorized release does not include: intentional withdrawals of regulated substances for the purpose of legitimate sale, use, or disposal; and discharges permitted under federal, state, or local law. W. UNDERGROUND STORAGE FACILITY shall be defined as in City of Renton Ordinance No. 4147, Underground Storage Tank Secondary Containment Ordinance, Section 71204 (T). X. UNDERLYING PERMITS shall mean permits required by the City of Renton, including but not limited to building permits; conditional use permits; mining, excavation, and fill and grade permits; shoreline development permits; site plan reviews; variance rezones; planned unit developments; and subdivision, short subdivision, and land use permits. Y. UTILITY shall mean the City of Renton Water Works Utility. Z. UTILITY STANDARDS shall mean standard_ design and construction practices adopted by the Utility. AA. WELL FIELD shall mean an area which contains one or more wells for obtaining a potable water supply. BB. WELL shall mean a pit or hole dug into the earth to reach an aquifer. Aquifer Protection Ordir, ,,:e-FINAL January 30, 1992 Page 15 SECTION 5: APPLICABILITY A. Persons who own and/or operate one or more facilities in an Aquifer Protection Area (APA) shall comply with this Ordinance except as preempted by federal or state law. If the operator of the facility is not the owner, then the owner shall enter into a written contract with the operator requiring the operator to comply with this Ordinance. Execution of this contract between the owner and operator shall not absolve the owner of the legal responsibility for compliance. Any person who owns or operates more than one facility in a single Zone of the APA shall have the option of obtaining one permit for all operations if the operations at each facility are similar and the permit requirements under this Ordinance are applicable to each facility individually. B. The effective date for permit applications is July 1, 1992. C. Within six (6) months of the effective date for permit applications, all existing facilities located in Zone 1 of an APA must file an APA Operating Permit or Closure Permit application with the Utility. Within twelve (12) months of the effective date, all existing facilities located in Zone 1 of an APA must comply with the permitting requirements of this Ordinance including construction, containment, monitoring, and inspection, and must have an approved Regulated Substances Management Plan. D. Within one ( 1) year of the effective date for permit applications, all existing facilities located in Zone 2 of an APA must file an APA Operating Permit or Closure Permit application with the Utility. Within two (2) years of this effective date, all existing facilities located in Zone 2 of an APA must comply with the permitting requirements of this Ordinance including construction, containment, monitoring, and inspection, and must have an approved Regulated Substances Management Plan. E. All proposals for new facilities within any Zone of an Aquifer Protection Area must be reviewed for compliance with this Ordinance including obtaining an Operating permit pursuant to this Ordinance, prior to issuance of any underlying permits. F. All owners and/or operators of facilities which have stored, handled, treated, used, or produced regulated substances in the past, or have the ability to do so in the future must comply with the permit requirements, release reporting requirements, and closure requirements as set forth in this Ordinance. G. All Aquifer Protection Area operating permits must be renewed by the Utility on an annual basis. Aquifer Protection C'. lance-FINAL January January 30, 1992 Page 16 SECTION 6: EXEMPTIONS A. The storage and handling of regulated substances for resale in their original unopened containers of five (5) gallons or twenty-five (25) pounds or less shall be exempt from the permit requirements and Section 9(A) of this Ordinance. B. De Minimus Usage of Regulated Substances: Facilities that use, store, or handle regulated substances in quantities of five (5) gallons or twenty-five (25) pounds or less of any one regulated substance, and in aggregate quantities of twenty (20) gallons or one-hundred (100) pounds or less of all regulated substances, shall be exempt from the permit requirements and Section 9(A) of this Ordinance. Where regulated substances are dissolved in or mixed with other non-regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this ordinance. I C. Single family residences and other strictly residential uses are exempt from the permit requirements and Section 9(A) of this Ordinance provided that no home business (as defined by Title 4, Chapter 31 of the Code of the City of Renton) is operated on the premises. D. Fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle shall be exempt from the permit requirementsprovisiens of this Ordinance. E. Existing heating systems using fuel oil are exempt from the requirements of this Ordinance. F. If the Utility determines that an existing or proposed activity, that is exempt from the permit requirements of this Ordinance pursuant to this section, has a significant or substantial potential to degrade groundwater quality, then the Utility may classify that activity as a facility as defined by this Ordinance, and therefore require that facility to comply with the permit requirements of this Ordinance. Such determinations will be based upon site-specific data and shall be eligible for appeal pursuant to Section 23 of this Ordinance. G. Public interest emergency use and storage of regulated substances by governmental organizations is exempt from the permit requirements and Section 9(A)(1) of this Ordinance. H. Regulated substances used by the City of Renton in water treatment processes are exempt from the permit requirements and Section 9(A)(1) of this Ordinance. I. Fueling of equipment not licensed for street use is exempt from the permit requirements and Section 9(A) of this Ordinance, provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent leakage. Aquifer Protection Ordu______e-FINAL January 30, 1992 Page 17 J. Regulated substances contained in properly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part of routine use are exempt from the permit requirements and Section 9(A)(1) of this ordinance. SECTION 7: PROVISIONS FOR CERTAIN REGULATED SUBSTANCES USED IN THE AQUIFER PROTECTION AREA. A. The application of regulated substances such as pesticides, herbicides, and fungicides in recreational, agricultural, pest control, and weed control activities, and in quantities greater than the de minimis amounts specified in Section 6(B) of this Ordinance, shall be allowed in an APA provided that: 1. The application is in strict conformity with the use requirements as set forth by the EPA and as indicated on the containers in which the substances are sold. 2. Applicators of these regulated substances apply for art Modified Aquifer Protection Area Operating Permit. B. The application of fertilizers containing nitrates, and in quantities greater than the de minimis amounts specified in Section 6(B) of this Ordinance, shall be allowed in an APA provided that: 1. No application of nitrate-containing materials shall exceed one-half (0.5) pound of nitrogen per thousand square feet per single application or a total yearly application of five (5)pounds of nitrogen per thousand square feet; except that an approved slow-release nitrogen may be applied in quantities of up to nine-tenths (0.9) pound of nitrogen per thousand square-feet per single application or eight (8) pounds of nitrogen per thousand square feet per year; and 2. Applicators of these regulated substances apply for art Modified Aquifer Protection Area Operating Permit. C. Storage of regulated substances described in Section 7(A) above, in quantities greater than the de minimus amounts specified in Section 6(B) of this Ordinance, shall not be allowed in Zone 1 of an APA, and shall be subject to the Aquifer Protection Area Operating Permit requirements specified in the Ordinance. SECTION 8: AQUIFER PROTECTION AREAS AND ZONES A. The locations of Aquifer Protection Areas (APA) in the City of Renton are defined in Exhibit 2 to this Ordinance. Aquifer Protection Area Maps are on file with the City Clerk, the Department of Planning/Building/Public Works, and the Renton Fire Department. Exhibit 3 shows a map of the APA. Aquifer Protection C__Liance-FINAL January 30, 1992 Page 18 B. Determination of location within a Zone of an Aquifer Protection Area: In determining the location of facilities within the zones defined by Exhibit 2, the following rule shall apply. 1. Facilities located wholly within an APA zone shall be governed by the restrictions applicable to that zone. 2. Facilities having parts lying within more than one zone of an APA shall be governed as follows: each part of the facility shall be reviewed and regulated by the requirements set forth in this Ordinance for the zone in which that part of the facility is actually located. 3. Facilities having parts lying both in and out of an APA shall be governed as follows: a. That portion which is within an APA shall be governed by the applicable restrictions in this ordinance, and b. That portion which is not in an APA shall not be governed by this ordinance. C. The Aquifer Protection Area which is identified herein is designated as an Environmentally Sensitive Area pursuant to the State Environmental Policy Act, WAC 197-11-908, and Title IV, Chapter 7, Section 4-2828 of the City Code. The following SEPA categorical exemptions shall not apply within said area: WAC 197-11-800: (1), (2) c through g, (3), (5), 6(a), 14(c), (24) c, e, f, (25) h; and Chapter 7, Section 4-2826 of this Code. • SECTION 9: REGULATIONS WHICH APPLY WITHIN ZONE 1 OF AN APA A. REMOVAL OF EXISTING FACILITIES 1. Ten (10) years after the effective date of this ordinance, the storage, handling, use, treatment or production of any regulated substance in quantities greater than the de minimus amounts specified in Section 6(B) 5(I) of this Ordinance at existing facilities shall not be allowed within Zone 1 of an APA. In the interim, the storage, handling, usage, treatment or production of any regulated substance shall be allowed only at existing facilities and as provided herein. Once a facility is abandoned or the use of regulated substances is terminated, the owner and/or operator shall not reinstate the use of regulated substances in quantities greater than de minimis quantities. 2. Closure of a facility or termination of any or all facility activities shall be conducted in accordance with the closure requirements (Section 17) of this Ordinance. Aquifer Protection Ordii ':e-FINAL January 30, 1992 Page 19 B. REVIEW OF PROPOSED ACTIVITIES 1. Within Zone 1 of an APA, no changes in land use and no construction activities shall be allowed unless a finding is made by the Utility that the proposal will not impact the long term, short term or cumulative quantity or quality of the aquifer. The finding shall be based on the present or past activities conducted at the facility; regulated substances stored, handled, treated, used or produced; and the potential for the activities or regulated substances to degrade groundwater quality. 2. Changes in land use and types of new facilities which are prohibited within Zone 1 of an APA include, but are not limited to: any use in which regulated substances are used, stored, treated, or handled; or which produces moderate risk waste, hazardous waste, and/or dangerous waste. The use of regulated substances in de minimus quantities as defined in Section 6(B) of this Ordinance shall be exempt from this provision. 3. The conversion of heating systems to fuel oil or the installation of new fuel oil heating systems in Zone 1 of the APA after the effective date of this Ordinance is prohibited. 4. The following specific changes in land use and types of new facilities will be prohibited within Zone 1 of an APA: surface impoundments (as defined in WAC 173-303 and 304); waste piles (as defined in WAC 173- 303 and 304); hazardous waste treatment, storage, and disposal facilities; all types of landfills including solid waste landfills; transfer stations; septic systems; recycling facilities that handle regulated sub- stances; underground storage facilities; and petroleum product pipelines. 5. All applications for changesin land uses and for all underlying permits in Zone 1 of the APA must be reviewed for compliance with this Ordinance. The focus of review for all permits will be on the substances that will be stored, handled, treated, used or produced; and the potential for these substances to degrade groundwater quality. All permits required pursuant to this Ordinance must be issued prior to or concurrent with the issuance of permits for construction activities or underlying permits for these activities. 6. All proposals for changes in land use or for construction activities shall be subject to site plan review pursuant to Title N, Chapter 31, Section 4-31-33. 7. In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the quantities of regulated substances stored, handled, treated, used, or produced in excess of quantities reported' in the initial Aquifer Protection Area Operating Permit. Aquifer Protection Cc - tiance-FINAL January 30, 1992 Page 20 C. WASTEWATER DISPOSAL REQUIREMENTS 1. New developments (residential and non-residential) shall, as a condition of the building permit, be required to connect to a central sanitary sewer system prior to occupancy. 2. Existing developments (residential and non-residential) may be required to connect to a central sewer system as a requirement of any Building Permit issued after the effective date of this ordinance for the property. 3. All existing developments (residential and non-residential) which are within 330 feet of an existing gravity sanitary sewer with capacity shall be required to connect within twelve (12)months of the passage of this ordinance. All existing developments (residential and non-residential) which are located within 330 feet of a new gravity sanitary sewer line with capacity shall be required to connect within twelve (12) months of the availability of the new sewer line. D. PIPELINE REQUIREMENTS 1. All new and existing pipelines in Zone 1 shall be constructed or repaired in accordance with material specifications contained in Exhibit 4. All existing product pipelines in Zone 1 shall be repaired and maintained in accordance with best management practices and best available technology. 2. All new pipelines constructed in Zone 1 shall be tested for leakage in conformance with this paragraph prior to being placed into service. Pipeline leakage testing shall be conducted in accordance with best available technology, to the satisfaction of the Utility. Pipeline leakage testing methods shall be submitted to the Utility for review prior to testing and shall include: a detailed description of the testing methods and technical assumptions; accuracy and precision of the test; proposed testing durations, pressures, and lengths of pipeline to be tested; and scale drawings of the pipeline(s)to be tested. Upon completion of testing, pipeline leakage testing results shall be submitted to the Utility and shall include: record of testing durations, pressures, and lengths of pipeline tested; and weather conditions at the time of testing. Routine leakage testing of new pipelines constructed in Zone 1 may be required by the Utility. 3. If the Utility has reason to believe that the operation or proposed operation of an existing pipeline in Zone 1 of an APA may degrade groundwater quality, the Utility may require: leakage testing of the existing pipeline in accordance with paragraph 2 of this subsection; and installation, sampling, and sample analysis of monitoring wells. Routine leakage testing of existing pipelines in Zone 1 may be required Aquifer Protection Ordi . - :e-FINAL • January 30, 1992 Page 21 by the Utility. Criteria for this determination is specified under Section 10(G2) of this ordinance. 4. Should pipeline leakage testing reveal any leakage at any level then the Utility shall require immediate repairs to the pipeline to the satisfaction of the Utility such that no infiltration of water into the pipeline or exfiltration of substances conveyed in the pipeline shall occur. Any repairs which are made shall be tested for leakage pursuant to paragraph 2 of this subsection. E. CONSTRUCTION ACTIVITY STANDARDS The following standards will be followed for any construction activity which shall be undertaken within Zone 1 of an APA and shall be included as conditions of any underlying permit. These standards shall apply to the storage, handling, treatment, use, or production of regulated substances in quantities greater than the de minimis amounts specified in Section 6(B) of this Ordinance. 1. No temporary storage of regulated substances onsite shall be permitted unless it can be demonstrated that no other feasible site alternative exists. The feasibility determination shall be made based on unreasonable or excessive expense and extreme impracticality, not inconvenience. Should regulated substance storage be permitted, then such storage shall be limited to a period not to exceed fifteen (15) days. 2. The underlying permit shall specify those regulated substances to be used and/or temporarily stored onsite. These substances shall be limited to the absolute minimum quantity required to accomplish the specific task. 3. All regulated substances stored temporarily onsite shall be secondarily contained within leak-proof structures (liners, vaults, paved areas with curbing, etc.). The location of temporary storage must be specified on the building or site plans. 4. The construction activity staging area shall be located in Zone 1 of an APA only if no feasible site exists outside Zone 1. The staging area shall be limited to the minimum area absolutely required. The staging area must be specified on the approved building or site plans. 5. The use of petroleum products on site shall be limited during construction activities to that amount which is necessarily required. 6. All refueling of equipment shall take place outside of Zone 1 if feasible. If such refueling is not feasible, then the refueling area must be covered with a leak-proof membrane surrounded by temporary retaining walls. • Aquifer Protection C - .'.lance-FINAL January 30, 1992 Page 22 7. All equipment directly associated with performance of the construction activity shall be "bibbed" to contain leakage of petroleum products. Bibs shall be drained and cleaned a minimum of once each day. Any such equipment which is known to be leaking petroleum products, including fuel or hydraulic fluid, shall be prohibited on the site. 8. The contractor shall comply with all applicable laws relating to disposal of hazardous substances and shall be contractually responsible for ensuring that all subcontractors comply as well. F. REQUIREMENTS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING FACILITIES The following conditions will be required as part of any Operating Permit issued in Zone 1 of an APA: 1. Groundwater Monitoring: An owner/operator of a facility may, at its own expense, be required to install one or more groundwater monitoring wells as determined by and in a manner approved by the Utility. Criteria used to determine the need for monitoring wells shall include but not be limited to the proximity of the facility to the City's production or monitoring wells, the type and quantity of regulated substances on site, and whether or not the regulated substances are stored in underground vessels. Every owner required to install monitoring wells shall, at its own expense, sample groundwater in each monitoring well within thirty (30) days of completing well construction and semiannually thereafter, and obtain independent analytical results of the presence and concentration of those chemicals identified by the Utility in the Operating Permit (including breakdown and transformation products). The analytical results shall be obtained through the use.of the EPA- approved methods for water. The results shall be filed within 72 hours with the Utility. 2. Containment: Every owner/operator of a facility shall provide containment devices adequate in size to contain on-site any unauthorized release of regulated substances from any area where these substances are either stored, handled, treated, used, or produced. Containment devices shall prevent such substances from penetrating into the ground. This provision also applies to releases that may mix with storm runoff. Design requirements for containment devices are as follows: a. The containment device shall be large enough to contain.110 (one hundred ten) percent of the volume of the container in cases where a single container is used to store, handle, treat, use, or produce a regulated substance. In cases where multiple containers are used, the containment device shall be large enough to contain 150 percent of the volume of the largest Aquifer Protection Ordi ce-FINAL January 30, 1992 Page 23 container or 10 percent of the aggregate volume of all containers, whichever is greater. b. All containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any regulated substance. If coatings are used to provide chemical resistance for containment devices, they shall also be resistant to the expected abrasion and impact conditions. Containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release. c. If the containment device is open to rainfall, then it shall be able to accommodate the volume of precipitation that could enter the containment device during a 24-hour, 100 year storm, in addition to the volume of the regulated substance storage required in Subsection 2a above. d. Containment devices shall be constructed so that a collection system can be installed to accumulate, temporarily store, permit detection of the presence of, and permit removal of any storm runoff or regulated substance. e. Containment devices shall include monitoring procedures or technology capable of detecting the presence of a regulated substance within 24 hours following a release. f. In Zone 1 of an APA, the following shall be prohibited within any areas used for containment of regulated substances: floor drains, catchbasins, or other conveyance piping that does not discharge into a containment device that meets the requirements of this ordinance. Any existing conveyance piping that is prohibited by this paragraph shall be abandoned by sealing and decommissioning using procedures and designs approved by the Water Utility. 3. Regulated Substance Monitoring Requirements for Existing Facilities a. The owners or operators of all existing facilities shall implement regulated substances monitoring as part of the Regulated Substances Management Plan required by Section 14 of this Ordinance. Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually monitor. b. All regulated substance monitoring activities shall include the following: , Aquifer Protection C lance-FINAL January 30, 1992 Page 24 1. A written routine monitoring procedure which includes, when applicable: the frequency of performing the monitoring method, the methods and equipment to be used for performing the monitoring, the locations(s) from which the monitoring will be performed, the name(s) or titles(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment, and the reporting format. 2. Written records of all monitoring performed shall be maintained on-site by the operator for a period of 3 years from the date the monitoring was performed. The Utility may require the submittal of the monitoring records or a summary at a frequency that the Utility may establish. The written records of all monitoring performed in the past 3 years shall be shown to the Utility upon demand during any site inspection. Monitoring records shall include but not be limited to: a. The date and time of all monitoring or sampling; b. Monitoring equipment calibration and maintenance records; c. The results of any visual observations; d. The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets; e. The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test results; and f. The results of inventory readings and reconciliations. 3. Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually monitor. c. For facilities located in Zone 1 of an APA, a responsible person designated by the permittee shall check on every day of operation for breakage or leakage of any container holding regulated substances. Electronic sensing devices approved by the Water Utility may be employed as part of the inspection process, provided that the system is checked daily for malfunctions. Monitoring records shall be kept and made available to the Water Utility at all reasonable times for examination. Aquifer Protection Ordv :e-FINAL January 30, 1992 Page 25 4. Emergency Collection Devices For facilities located in Zone 1 of an APA, vacuum suction devices, absorbent scavenger materials, or other devices approved by the Water Utility shall be present on site or available within.an hour by contract with a cleanup company approved by the Water Utility, in sufficient quantity so as to control and collect the total quantity of regulated substances plus absorbent material. The presence of such emergency collection devices shall be documented in the Operating Permit. 5. Maintenance of Containment and Emergency Equipment For facilities located in Zone 1 of an APA, procedures shall be established for monthly in-house inspection and maintenance of containment and emergency equipment. Such procedure shall be in writing; a regular checklist and schedule of maintenance shall be established, and 'a log shall be kept of inspections and maintenance. Such logs and records shall be made available to the Water Utility at all reasonable times for examination. 6. Site Improvements a. The owner/operator shall pave all currently unpaved areas of their facility that are subject to any vehicular use or storage, use, handling, or production of regulated substances. b. . The owner/operator shall evaluate and upgrade the existing stormwater collection and conveyance system to meet the ordinance requirements [(Section 2(D) and Section 9(D)]. 7. Inventory of Regulated Substances Owners/operators of all facilities shall keep and maintain an inventory of all regulated substances on site to include recording of all purchases, sales and use. This inventory shall be kept on site for three years and made available to the Water Utility at all reasonable times for inspection. 8. Employee Training Operators of all facilities shall schedule training for all employees twice per year to explain the conditions of the Operating Permit such as emergency response procedures, monitoring and reporting requirements, record keeping requirements, and the types and quantities of regulated substances on site. These training sessions will be documented and recorded and those in attendance will be recorded. These Aquifer Protection C•_ _:'lance-FINAL January 30, 1992 Page 26 records shall be made available to the .Water Utility at all reasonable times for inspection. SECTION 10: REGULATIONS WHICH APPLY WITHIN ZONE 2 OF AN APA A. EXISTING FACILITIES The storage, handling, treatment, use or production of regulated substances at existing facilities shall be allowed within Zone 2 of an APA upon compliance with the provisions of this Ordinance. B. REVIEW OF PROPOSED ACTIVITIES 1. Section 9(B)(1, 5, and 6) of this Ordinance, which pertain to review of proposed facilities in Zone 1 of an APA, also apply to Zone 2 of an APA. 2. The conversion of heating systems to fuel oil or the installation of new fuel oil heating systems in Zone 2 of the APA after the effective date of this Ordinance is prohibited. 3. The following specific changes in land use and types of new facilities will be prohibited within Zone 2 of an APA: hazardous waste surface impoundments; waste piles (as defined in WAC 173-303 and 304); recycling facilities that handle regulated substances; hazardous waste treatment and storage facilities; solid waste landfills; transfer stations; septic systems; and petroleum product pipelines. C. WASTEWATER DISPOSAL REQUIREMENTS 1. Any construction of a single-family residence on an existing platted lot shall be required to connect to the public sanitary system if there is a gravity sewer with capacity within 330 feet of the property. Construction of a single-family residence on an existing platted lot shall be allowed on a septic system if gravity sanitary sewer is not available within 330 feet of the property provided that connection to the sanitary sewer shall be completed within twelve (12) months of the availability of the sewer line. The property owner will execute a temporary service agreement, to be recorded against the property, agreeing to this requirement. Evidence of this recorded document must be provided prior to issuance to the building permit. 2. All new platted, single-family, multifamily, and commercial developments shall be required to connect to a central sanitary sewer prior to occupancy as a condition of the building permit. 3. Existing units (residential and nonresidential) within 330 feet of an existing or future gravity sanitary sewer shall be required_ to connect Aquifer Protection Ordi ce-FINAL January 30, 1992 Page 27 within twelve (12)months of either the passage of this ordinance or the availability of the sewer. 4. Sanitary sewers shall be constructed in accordance with prevailing American Public Works Association (APWA) standards with respect to minimum allowable infiltration and exfiltration. D. PIPELINE REQUIREMENTS If the Utility has reason to believe that the operation or proposed operation of an existing pipeline in Zone 2 of an APA may degrade groundwater quality, the Utility may require: leakage testing in accordance with Section 9(D)(2) of this Ordinance; installation, sampling, and sample analysis of groundwater monitoring wells; repair of the pipeline to the satisfaction of the Utility such that degradation of groundwater quality is minimized or eliminated. Criteria for this determination is specified under Section 10(G)(2) of this ordinance. E. CONSTRUCTION ACTIVITY STANDARDS Standards to be followed for any construction activity which shall be undertaken within Zone 2 of an APA for any underlying permit issued for the project shall be as specified for Zone 1 of an APA in Section (9)(E) of this Ordinance. F. REQUIREMENTS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING AND NEW FACILITIES Permit requirements as part of any permit issued in Zone 2 of an APA shall be as specified for Zone 1 of an APA in Section E93(F)(2 and 3) of this Ordinance. G. POTENTIAL TO DEGRADE GROUNDWATER 1. If the Utility determines that an existing or proposed facility located in Zone 2 of an APA has a potential to degrade groundwater quality which equals or exceeds that of a permitted facility in Zone 1, then the Utility may require that facility to comply with Section 9 [except 9(A)(1)] of this Ordinance. 2. Criteria used to make this determination shall include but not be limited to the present and past activities conducted at the facility; types and quantities of regulated substances stored, handled, treated, used or produced; the potential for the activities or regulated substances to degrade groundwater quality; history of spills at the site, and presence of contamination on site. 3. Such determinations shall be subject to appeal pursuant to Section 253 of this Ordinance. • Aquifer Protection C ' __ lance-FINAL January 30, 1992 Page 28 SECTION 11: REGULATIONS FOR EXISTING SOLID WASTE LANDFILLS A. The Utility shall have the authority to inspect and screen any excavated dirt, soil or other material prior to placement in a solid waste landfill if the material is suspected of containing contaminants at levels which may impact groundwater quality. The Utility may require the owner to conduct a sampling program to determine if contaminants are present in materials prior to landfilling. B. The Utility shall require an owner of a solid waste landfill to submit a groundwater monitoring program. The program shall include: 1. Number, locations and depths of monitoring wells to be installed; and 2. Monitoring well drilling and construction methods; and 3. Groundwater sample collection, shipment and handling procedures,` including the frequency of sampling; and 4. List of constituents to be analyzed, including test methods; and 5. Procedure for measuring groundwater elevation; and 6. A statistical procedure for determining whether a significant change over background has occurred; and 7. A procedure for regular reporting of monitoring results to the Utility. SECTION 12: AQUIFER PROTECTION AREA PERMITS A. No person, persons, corporation, or other legal entities shall install or operate a facility in an APA without first obtaining an Operating Permit from the Utility and a permit from the Department pursuant to the Uniform Fire Code, if required. B. The Utility shall not issue an Operating Permit for a facility unless adequate plans, specifications, test data, and/or other appropriate information has been submitted by the owner and/or operator showing that the proposed design and construction of the facility meets the intent and provisions of this Ordinance and will not impact the short term, long term or cumulative quantity or quality of groundwater. C. No person, persons, corporation or other legal entity shall temporarily or permanently abandon a facility in an APA without complying with the requirements of Section 17 Closure Permits and Permit Conditions of this Ordinance. D. No person, persons, corporation or other legal entity shall close a facility without first obtaining a Closure Permit to do so from the Utility. The Utility Aquifer Protection Ordi . _ ice-FINAL - • January 30, 1992 Page 29 shall not issue a permit to temporarily or permanently close a facility unless adequate plans and specifications and other appropriate information has been submitted by the applicant showing that the proposed closure meets the intent and provisions of this Ordinance. E. The application for Operating Permits pursuant to this Ordinance shall be made on a form provided by the City and shall be accompanied by the established fee, as described in Chapter 1, Title V, of Ordinance 4260. F. All permittees, before final issuance of an Operating Permit or a Closure Permit, shall execute a security agreement to the City of Renton in accordance with Chapter 2, Title V, of Ordinance No. 4260. SECTION 13: OPERATING PERMIT CONDITIONS Specific conditions for Operating Permits issued to facilities in Zones 1 and 2 of an APA are described in Sections 9 and 10 of this Ordinance, respectively. The following general conditions shall be included as part of any Operating permit issued pursuant to this Ordinance: A. The Operating Permit application (for permits other than application of pesticides, herbicides, fungicides, or fertilizers containing nitrates) shall include at a minimum: 1. A list of the names and volumes of all regulated substances which are stored, handled, treated, used, or produced at the facility being permitted in quantities greater than the de minimis amounts specified in Section 6(2) of this Ordinance. 2. A list of the chemicals to be monitored through the analysis of groundwater samples if groundwater monitoring is anticipated to be required. 3. A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of regulated substances in quantities greater than the de minimis amounts specified in Section 6(2) of this Ordinance. 4. A description of the containment devices used to comply with the requirements of this Ordinance. 5. A proposed Regulated Substances Management Plan for the facility. 6. A description of the procedures for inspection and maintenance of containment devices. 7. A description of how regulated substances will be disposed. • Aquifer Protection O' Lance-FINAL January January 30, 1992 Page 30 8. A site map showing the location of the facility and its property boundaries and the locations where regulated substances in containers quantities greater than five (5) gallons or twenty-five (25) pounds in size are stored, handled, treated, used, produced. The location of each containment device also should be identified on the site plan. B. Procedures for the in-house inspection and maintenance of containment devices and areas where regulated substances are stored, handled, treated, used, and produced shall be identified in the Operating permit for each facility. Such procedures shall be in writing, and a log shall be kept of all inspection and maintenance activities. Such logs shall be submitted to the Utility annually and shall be available for inspection. Inspection and maintenance logs shall be maintained on-site by the owner or operator for a period of at least 3 years from the date the monitoring was performed. C. The permittee shall report to the Utility within 15 days after any changes in a facility including: 1. The storage, handling, treatment, use, or processing of new regulated substances; 2. Changes in monitoring procedures; or 3. The replacement or repair of any part of a facility that is related to the regulated substance(s). D. The permittee shall report to the Utility any unauthorized release occurrence, within 24 hours of its detection, in accordance with Section 15 of this Ordinance. E. An Operating Permit, issued by the Utility, shall be effective for 1 year. The Utility shall not issue a permit to operate a facility until the Utility determines that the facility complies with the provisions of these regulations. If an inspection of the facility reveals noncompliance, then the Utility must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit. The facility owner shall apply to the Utility for permit renewal at least 60 days prior to the expiration of the permit. F. Operating Permits may be transferred to a new facility owner/operator if the new facility owner does not change any conditions of the permit, the transfer is registered with the Utility within 30 days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership. G. Within 30 days of receiving an inspection report from the Utility , the Operating Permit holder shall file with the Utility a plan and time schedule to implement any required modifications to the facility or to the monitoring plan needed to achieve compliance with the intent of this Ordinance or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Utility. Aquifer Protection Ordi ce-FINAL January 30, 1992 Page 31 H. Modified Operating Permits for the application of pesticides, herbicides, fungicides, or fertilizers containing nitrates (use provisions per Section 7 of this Ordinance) shall include the following: 1. A list of the names and chemical content of each regulated substance used for this purpose. 2. A description of the containment used in transport of the regulated substances to the site of application and the methods of application. 3. A Regulated substances Management Plan that includes procedures for monitoring, cleanup, and disposal for leaks and spills of regulated substances. 4. Procedures for recording the date, amount, type, and location of regulated substances applied. Such records shall be kept up to date and be available for inspection at reasonable times by the Water Utility. 5. An annual modified Operating Permit covering all application operations of regulated substances by an .applicator shall be obtained by the permittee. SECTION 14: REGULATED SUBSTANCES MANAGEMENT PLAN A. A Regulated Substances Management Plan indicating procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a regulated substance shall be required as a condition of each Operating Permit. If a Spill Prevention Control and Countermeasure (SPCC) plan has been prepared in accordance with 40 CFR 264 or 265, a Regulated Substances Management Plan is not required as long as all of the regulated substances are included in the SPCC plan. B. The Regulated Substances Management Plan shall include: 1. Provisions to address the regulated substances monitoring requirements of Sections 9 and 10 of this Ordinance. 2. Provisions to address the pesticide, herbicide, fungicide, and fertilizer requirements of Section 7 of this Ordinance. 3. Provisions to train employees in the prevention, identification, reporting, control, disposal, and documentation of any unauthorized release of a regulated substance. • Aquifer Protection(' nance-FINAL ,- January 30, 1992 Page 32 SECTION 15: GROUNDWATER MONITORING PLAN A. If a facility is required to install and monitor groundwater wells pursuant to Section 98(F)(1) then a Groundwater Monitoring Plan will be required. This plan must indicate procedures to be followed to assess groundwater quality for concentrations of those chemicals identified by the Utility in the Operating Permit. If a groundwater monitoring program is in effect per the requirements of 40 CFR 264 or 265, and this program includes all of the chemicals identified in the Operating Permit, then a separate Groundwater Monitoring Plan is not required by the Utility and the facility shall submit a copy of this program to the Utility. B. The Groundwater Monitoring Plan shall include provisions to address the groundwater monitoring requirements of Section 9(F)(1) and Section 16(D) of this Ordinance. SECTION 16: UNAUTHORIZED RELEASES A. General Provisions All unauthorized releases shall be reported to the Utility according to the provisions of this subsection. All unauthorized releases shall be recorded in the owner's inspection and maintenance log. Such an unauthorized release shall be determined to be an "unauthorized release requiring recording" if the release is completely captured by the containment device. If the containment device fails to contain the entire release, the release shall be determined to be an "unauthorized release requiring reporting." B. Unauthorized Releases Requiring Recording 1. Unauthorized releases requiring recording shall be reported to the Utility within 3 days after the release has been, shoul have been detected. 2. The incident report shall be accompanied by a written record including the following information: a. List of type, quantities, and concentration of regulated substances released. b. Method of cleanup. c. Method and location of disposal of the released regulated substances. d. Method of future release prevention or repair. If this involves a change in operation, monitoring, or management, the owner must apply for a new Operating Permit. Aquifer Protection Ordii, ':e-FINAL • January 30, 1992 Page 33 e. Facility operator's name and telephone number. f. The approximate costs for cleanup to be submitted voluntarily. 3. The Utility shall review the information submitted pursuant to the report of an unauthorized release requiring recording, shall review the Operating Permit, and may inspect the facility. The Utility shall find that the containment standards of this ordinance can continue to be achieved, or the Utility shall revoke the permit until appropriate modifications are made to allow compliance with the standards. C. Unauthorized Releases Requiring Reporting 1. Unauthorized releases requiring reporting shall be reported to the Utility within 24 hours of discovery of the occurrence. 2. The report shall contain the following information that is known at the time of filing the report: a. List of type, quantity, and concentration of regulated substances released. b. The results of all investigations completed at that time to determine the extent of soil or groundwater or surface water contamination because of the release. c. Method of cleanup implemented to date, proposed cleanup actions and approximate cost of actions taken to date. d. Method and location of disposal of the released regulated substance and any contaminated soils, groundwater, or surface water. e. Proposed method of repair or replacement of the containment device. f. Facility owner's name and telephone number. 3. Until cleanup is complete, as defined by the Model Toxics Control Act Cleanup Regulation (Chapter 173-340 WAC), the owner shall submit reports to the Utility every month or at a more frequent interval specified by the Utility. The reports shall include the information requested in this Ordinance. D. Semiannually, the Utility shall review all groundwater monitoring results submitted by owners in an APA to determine if an unauthorized release to groundwater has occurred. Either one of the following occurrences shall constitute an unauthorized release to groundwater: Aquifer Protection C. _ 'iance-FINAL January 30, 1992 Page 34 1. A chemical concentration in an owner's monitoring well(s)that exceeds applicable legally-enforceable federal or state groundwater quality standards. 2. An upward trend in the concentration of a chemical as determined by a statistically based procedure. E. Upon confirmation of an unauthorized release to groundwater, the owner and/or operator shall be responsible for immediately accomplishing the following: 1. Locate and determine the source of the unauthorized release of the regulated substance(s). 2. Stop and prevent any further unauthorized release(s), if under the control of the owner and/or operator. 3. Comply with the requirements for an unauthorized release(s) requiring reporting. F. The owner shall not be subject to this mandatory action if the owner can present acceptable technical data that substantiate it is not responsible for the violation. In complying with this subsection, no new regulated substance(s) may be introduced in the place of the regulated substance(s) that caused the violation. G. If an unauthorized release creates .or is expected to create an emergency situation with respect to the drinking water supply of the City of Renton, and if the facility owner fails to address the unauthorized release in a timely manner, the Utility or its authorized agents shall have the authority to implement removal or remedial actions. Such actions may include, but not be limited to, the prevention of further groundwater contamination; installation of groundwater monitoring wells; collection and laboratory testing of water, soil , and waste samples; and cleanup and disposal of regulated substances. The facility owner shall be responsible for any costs incurred by the Utility or its authorized agents in the conduct of such remedial actions. H. Reporting a release to the Utility does not exempt or preempt any other reporting requirements under federal, state, or local laws. SECTION 17: CLOSURE PERMITS AND PERMIT CONDITIONS A. No person shall close or cause to be closed a facility regulated pursuant to this Ordinance without first obtaining a Closure Permit from the Utility and a permit from the Renton Fire Department pursuant to the Uniform Fire Code, if required. B. Closure Permits shall be required for all facilities that cease to store, handle, treat, use, or produce regulated substances for a period of more than 365 days Aquifer Protection Ordi ce-FINAL • January 30, 1992 Page 35 or when the owner has no intent within the next year to store, handle, treat, use, or produce regulated substances. During the period of time between cessation of regulated substance storage, handling, treatment, use, or production, and actual completion of facility closure, the applicable containment and monitoring requirements of this Ordinance shall continue to apply. C. Prior to closure, the facility owner shall submit to the Utility a proposal describing how the owner intends to comply with closure requirements. Owners proposing to close a facility shall comply with the following requirements: 1. Regulated substances shall be removed from the facility, including residual liquids, solids, or sludges to levels specified in 173-340 WAC, Model Toxic Control Act Cleanup Regulation. 2. When a containment device is to be disposed of, the owner must document to the Utility that proper disposal has been completed. 3. An owner of a containment device or any part of a containment device that is destined for reuse as scrap material shall identify this reuse to the Utility. D. The owner of a facility being closed shall demonstrate to the satisfaction of the Utility that no detectable unauthorized release has occurred or that unauthorized releases have been cleaned up (pursuant to the Model Toxics Control Act). This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or immediately after closure activities. E. If an unauthorized release is determined to have occurred, the facility owner shall comply with Section 16 of this Ordinance. F. Facility closure will be accepted as complete by the Utility upon implementation of the Closure Permit conditions and compliance with all other provisions of this Ordinance. SECTION 18: ENFORCEMENT A. The Utility shall be the administering agency and shall have the power and authority to administer and enforce the provisions of this Ordinance. The Utility shall have the right to conduct inspections of facilities at all reasonable times to determine compliance with this Ordinance. Noncompliance with the provisions of this Ordinance is a violation. All permitted facilities in Zone 1 of the Aquifer Protection Area will be subject to monthly inspections by a Water Utility inspector to determine compliance with the provisions of the Ordinance. All • • Aquifer Protection C'__ �nance-FINAL January 30, 1992 Page 36 permitted facilities in Zone 2 will be subject to annual inspections by a Water Utility inspector. B. The Utility may revoke any permit issued pursuant to this Ordinance if it fords that the permit holder: 1. Has failed or refused to comply with any one of the provisions of this Ordinance; 2. Has submitted false or inaccurate information in the permit application; 3. Has failed to submit operational reports of other information required by this Ordinance; or 4. Has refused lawful inspection pursuant to this Section. SECTION 19: NOTICE OF VIOLATION Whenever it is determined that there is a violation of this Ordinance, the notice of violation issued shall: A. Be in writing; and B. Be dated and signed by the authorized City of Renton agent making the inspection; and C. Specify the violation or violations; and D. Specify the length of time available to correct the violation after receiving the notice of violation. SECTION 20: INJUNCTIVE RELIEF If any owner stores, handles, uses, or produces regulated substances without having obtained an Operating or Closure Permit as provided for herein or continues to operate in violation of the provisions of this Ordinance, then the City of Renton may file an action for injunctive relief in the Superior Court of the State of Washington for King County. All costs incurred for abatement by the City of Renton, including reasonable attorneys' fees, shall be paid by the owner operating without an Operating or Closure Permit or operating in violation of the provisions of this Ordinance or the permit. • SECTION 21: OTHER LAWS, RULES,AND REGULATIONS All owners within an APA must also comply with county, state, and federal laws, rules, and regulations related to the intent of this Ordinance. Aquifer Protection Ordi ce-FINAL January 30, 1992 Page 37 SECTION 22: PENALTIES A. A violation of any of the provisions of this Ordinance shall constitute a misdemeanor and a nuisance. It shall be a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted. B. Any owner or operator who violates any provisions of this Ordinance shall be subject, upon conviction in court, to a fine not to exceed $500 per day per facility. C. In addition to any fines and penalties set forth above, the owner or operator shall reimburse the City of Renton, for all costs incurred as a result of respond- ing to, containing, cleaning up, or monitoring the cleaning up and disposal of any spilled or leaked regulated substance. D. The names of all facilities and their owners/operators that have violated provisions of this Ordinance will be published in a local newspaper on an annual or more frequent basis. SECTION 23: ADMINISTRATIVE RULE The Administrator shall adopt administrative rules for implementation that sets forth criteria relating to interpretation and enforcement of this Ordinance. SECTION 24: MODIFICATIONS, WAIVERS,ALTERNATIVES, TESTS A. Modifications: Whenever there are practical difficulties involved in carrying out the provisions of this ordinance, the Department Administrator may grant minor modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, and that the minor modification is in conformity with the intent and purpose of this Code, and that such modification: 1. Will meet the objectives of environmental protection, safety, function, and maintainability intended by the Code requirements, based upon sound engineering judgment; and 2. Will not be injurious to other property(s) in the vicinity; B. Waivers: Requirements of this ordinance may be waived upon determination by the Department Administrator that all impacts toe€the aquifer would be mitigated Aquifer Protection 'iance-FINAL January 30, 1992 Page 38 and protective measures will meet or exceed the requirements of this • ordinance. C. Alternates The provisions of this Code are not intended to prevent the use of any material or method of construction or aquifer protection not specifically prescribed by this Code, provided any alternate has been approved and its use authorized by the Department Administrator. The Department Administrator may approve any such alternate, provided s/he finds that the proposed design is satisfactory and complies with the provisions of this Code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in environmental protection, safety, and effectiveness. The Department Administrator shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be written and entered in the files of the Code enforcement agency. D. Tests: Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that any action does not conform to the requirements of this Code, the Department Administrator may require tests as proof of compliance to be made at no expense to this jurisdiction. Test methods shall be as specified this Code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Department Administrator shall determine test procedures. SECTION 25: APPEALS A. Any decision of the City in the administration of this chapter, such as administrative determinations, modifications, may be appealed to the Hearing Examiner. Appeals may be filed pursuant to the process described in the Code of General Ordinances of City of Renton, Section 4-8-11. The Hearing Examiner shall give substantial weight to any discretionary decision of the City _rendered pursuant to this Chapter. Any decision of the Hearing Examiner on variances may be appealed to Superior Court. • Aquifer Protection Ordi . 'ce-FINAL January 30, 1992 Page 39 B. The Hearing Examiner, in determining whether or not to grant a variance, shall consider the following factors: 1. If there is available a feasible and effective measure to protect the aquifer outside of this ordinance. 2. The extent of the problem being resolved by the ordinance. 3. The contribution of the land being regulated to the problem. 4. The degree to which the aquifer protection ordinance solves the problem presented by the proposal. 5. The amount and percentage of value lost by application of the ordinance. 6. The quality of the aquifer to be impacted. 7. The extent of remaining uses for the parcel. 8. The past, present and future uses of the property. 9. The extent to which the landowner could predict the effects of this ordinance on the property. SECTION 26: AQUIFER PROTECTION VARIANCE PROCEDURES If an applicant feels that the strict application of this Chapter would deny all reasonable use of the property or would deny installation of public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public health, safety and welfare, , the applicant of a development proposal may apply for a Variance. An application for a Variance shall be filed with the Department Administrator. Requirements for a Variance include an environmental review pursuant to (SEPA) Washington Administrative code 197-11-300 (SEPA). A Variance shall be decided by the Hearing Examiner based on the following standards set forth in this Section: A. The Hearing Examiner, in granting approval of a variance, must determine: 1. that the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to the subject property, including the size, shape topography, location or surroundings of the subject property, and the strict application of the code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and other identical zone classification; and 2. that the granting of the variance will not be materially detrimental to the public welfare or injurious to the water supply aquifer; and • • Aquifer Protection C`_ .'lance-FINAL ) January 30, 1992 Page 40 a. that no economically viable alternative with less impact on the aquifer is physically and/or legally possible; and b. that there is no feasible on-site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to the aquifer; and c. that the proposed activities will not cause significant degradation of groundwater or surface-water quality; and d. that the applicant has taken deliberate measures to minimize aquifer impacts, including but not limited to the following: • limiting the degree or magnitude of the regulated substance and activity; and • limiting the implementation of the regulated substance and activity; and • using appropriate and best available technology; and • taking affirmative steps to avoid or reduce impacts. e. that there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and f. that the inability to derive reasonable economic use of the property is not the result of actions by the applicant in creating an uneconomic business condition and use of the property after the effective date of this chapter. 3. that if governmental and quasi-governmental agencies are granted a variance under this section, they will meet the following additional conditions: a. competing public policies have been evaluated and it has been determined by the Department Administration that the public's health, safety, and welfare is best served; b. each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies; c. each facility must serve established, identified public needs; and d. no practical alternative exists to meet the needs. Aquifer Protection Ordii '_e-FINAL January 30, 1992 Page 41 4. that the approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose. 5. that in determining whether or not to grant a variance, the following factors have been considered: a. if there is an available, feasible, and effective measure to protect the aquifer outside of this ordinance; b. the extent of the problem being resolved by the ordinance; c. the amount and percentage of value lost by application of the ordinance; d. the extent of remaining uses for the parcel; e. the past, present, and future uses of the property; and f. the extent to which the landowner could predict the effects of this ordinance on the property. B. The Hearing Examiner may prescribe any conditions upon the variance deemed to be reasonably necessary and required to mitigate aquifer impacts. Any variance granted by the Hearing Examiner, unless otherwise specified in writing, shall become null and void in the event that the applicant or owner of the subject property for which a variance has been requested has failed to commence construction or otherwise implement effectively the variance granted within a period of two (2) years after such a variance has been issued. For proper cause shown, an applicant may petition the Hearing Examiner during the variance procedure, for an extension of the two (2) year period, specifying the reasons therefor. The time may be extended but not exceed one additional year in any event. Any variance granted by the Hearing Examiner shall expire pursuant to the provisions of Chapter 8, Title IV of the RMC. • Aquifer Protection C` =:%Hance-FINAL January 30, 1992 Page 42 SECTION 27: EFFECTIVE DATE The effective date of this ordinance shall be 30 days after its enactment. SECTION 28: SEVERABILITY If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. PASSED BY THE CITY COUNCIL this day of , 1991. Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of , 1991. Earl H. Clymer, Mayor Approved as to form: Lawrence J. Warren City Attorney Date of Publication: FINALAPO.DOC Aquifer Protection Ordit :e-FINAL January 30, 1992 Page 43 EXHIBIT 1 Generic Substances List* Acid and basic cleaning solutions Antifreeze and coolants Arsenic and arsenic compounds Battery acid Bleaches, peroxides Brake and transmission fluids Brine solution Casting and foundry chemicals Caulking agents and sealants Cleaning solvents Cooling water(not isolated from process chemicals) Corrosion and rust prevention solutions Cutting fluids Degreasing solvents Deicing materials Disinfectants Dyes Electroplating solutions Engraving solutions Etching solutions Explosives Fertilizers Fire extinguishing chemicals Food processing wastes Formaldehyde Fuels and additives Glues, adhesives, and resins Greases Hydraulic fluid Indicators Industrial and commercial janitorial supplies Industrial sludges and stillbottoms Inks, printing, and photocopying chemicals Laboratory chemicals Liquid storage batteries Medical, pharmaceutical, dental, veterinary, and hospital solutions Aquifer Protection C, _ .dance-FINAL January 30, 1992 Page 44 Metal dusts Mercury and mercury compounds Metals finishing solutions Oils Paints, pigments, primers, thinners, dyes, stains, wood preservatives, varnishing, and cleaning compounds Painting solvents PCBs Pesticides and herbicides Plastic resins, plasticizers, and catalysts Photo development chemicals Poisons Polishes Pool chemicals Processed dust and particulates Radioactive sources Reagents and standards Refrigerants Roofing chemicals and sealers Sanitizers, disinfectants, bactericides, and algaecides Soaps, detergents, and surfactants Solders and fluxes Stripping compounds Tanning industry chemicals Transformer and capacitor oils/fluids • Water and wastewater treatment chemicals Wastewater treatment sludges *Where regulated substances are dissolved in or mixed with other non-regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this ordinance. • Aquifer Protection Ordi .ce-FINAL January 30, 1992 Page 45 LEGAL DESCRIPTION OF ZONE 1 WELL FIELD AQUIFER PROTECTION AREA (APA)IN THE CITY OF RENTON(KING COUNTY),WA Descriptions are based on information from the King County assessor maps. The APA Zone 1 boundary line is within the Zone 2 APA boundary and matches a portion of the westerly Zone 2 boundary line from Point 37 through Point 49 (see legal description of Zone 2 APA boundary). The description of the Zone 1 boundary line starting at Point No. 37 at the northerly side of the Zone 1 area, and ending at Point 49 at the southerly side of the Zone 1 area is as follows: Beginning at the intersection of the north section line of Section 17, Township 23 North, Range 5 East, of the W.M. and the centerline of Garden Avenue N., 37 Thence easterly along said section line approximately 1,350 feet to the intersection with the centerline of N. 3rd Place, 100 Thence southeasterly along the said road centerline approximaely 730 feet to the intersection with the centerline of N.E. 3rd Street, 101 Thence east-southeasterly along said road centerline approximately 1,100 feet to the intersection with the centerline of Monterey Drive N.E., 102 Thence southerly and thence easterly along said road centerline approximately 1,400 feet to the intersection with the east 1/4, 1/4 section line of the southwest 1/4 of the northeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M. 103 Thence southerly along said 1/4, 1/4 section line approximately 380 feet to the intersection of the north 1/4 section line of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 104 Thence easterly along said 1/4 section line approximately 1,320 feet to the northeast corner of the southeast 1/4 section of Section 17, Township 23 North, Range 5 East, of the W.M., 105 Thence easterly along the north 1/4 section line of the southwest 1/4 of Section 16, Township 23 North, Range 5 East, of the W.M. Approximately 1,990 feet to the centerline of the northeast 1/4 of the southwest 1/4 of the said section, 106 Thence southerly along said centerline and the prolongation of said line _ approximately 2,200 feet to the intersection with the centerline of the Burlington Northern Railroad right-of-way, 107 Thence westerly along said railroad centerline approximately 3,480 feet to the intersection with the east 1/4, 1/4 section line of the southwest 1/4 of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 108 • Aquifer Protection C riance-FINAL I January 30, 1992 Page 46 Thence southerly along said 1/4, 1/4 section line approximately 1,070 feet to the intersection with the south section line of Section 17, Township 23 North, Range 5 East, of the W.M., 109 Thence westerly along said section line approximately 1,330 feet to the intersection with the west 1/4 section line of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 110 Thence northerly along said 1/4 section line approximately 1,320 feet to the intersection with the established line N. LN. H.H. Tobin D.C. #37, 111 Thence westerly along said established line approximately 594 feet to an established angle point, 112 Thence northerly along said established line approximately 1,000 feet to the intersection with the centerline of the Burlington Northern Railroad right-of-way, 113 Thence westerly along said railroad right-of-way approximately 450 feet to the intersection with the centerline of the Prim. State Hwy. No. 1 right-of-way, 114 Thence southwesterly along said right-of-way centerline to the intersection with the centerline of S. 4th Street. 49 For continuation of the Zone 1 APA boundary from Points 49 through 37 see the legal description between said points for the Zone 2 APA boundary. Aquifer Protection Ordi . ce-FINAL • January 30, 1992 Page 47 LEGAL DESCRIPTION OF ZONE 2 WELL FIELD AQUIFER PROTECTION AREA (APA)IN THE CITY OF RENTON(KING COUNTY),WA Descriptions are based on information from the King County Assessor maps. The APA boundary line joins the City of Renton existing corporate limits line at the northerly and southerly sides of the APA Zone 2 area. The easterly APA boundary line is the existing City of Renton corporate limits line. The westerly APA boundary line is described as follows: Beginning at the northeast corner of the southeast 1/4 of Section 32, Township 24 North, Range 5 East, of the W.M., which is at the intersection of S.E. 88th Street and 116th Avenue S.E. point of beginning Thence westerly along the north 1/4 section line approximately 1180 feet to the intersection with the current City of Renton Corporate Limits Line, 1 (Start of Zone 2 Legal description boundary) Thence westerly along said 1/4 section line approximately 1440 feet to the northwest corner of the southeast 1/4 of Section 32, Township 24 North, Range 5 East, of the W.M., 2 Thence southerly along centerline of said section approximately 670 feet to the intersection with the easterly prolongation of the centerline of S.E. 90th Street, 3 Thence westerly along said prolongation line approximately 600 feet to the intersection of S.E. 90th Street and 106th Avenue S.E., 4 Thence southerly approximately 660 feet to the intersection of 106th Avenue S.E. and S.E. 92nd Street, 5 Thence westerly approximately 680 feet to the intersection of S.E. 92nd Street and 104th Avenue S.E., 6 Thence southerly approximately 650 feet to the intersection of 104th Avenue S.E. and S.E. 94th Street, 7 Thence westerly approximately 1290 feet to the intersection of S.E. 94th Street and 100th Avenue S.E., 8 Thence southerly approximately 690 feet to the intersection of 100th Avenue S.E. and S.E. 96th Street, which is the Northwest corner of Section 5, Township 23 North, Range 5 East, of the W.M., 9 Thence southerly along the west line of said section approximately 410 feet to the intersection with a survey traverse line within the Northern Pacific Railroad Right-of- Way, 10 Thence S 45-20-57 E., 896.84 feet along said traverse line to an angle point, 10A Aquifer Protection C .lance-FINAL January 30, 1992 Page 48 Thence S 18-37-12E, 3331.10 feet along same said traverse line to an angle point, 10B Thence S 6-07-12 W, 768.72 feet along said traverse line where it intersects with the south 1/4 section line of the Southwest 1/4 section of Section 5, Township 23 North, Range 5 East of the W.M., 11 Thence easterly approximately 894 feet to the southeast corner of said 1/4 section, which is also the intersection of 108th Avenue S.E. and N.E. 12th Street, 12 Thence easterly approximately 1320 feet to the intersection of N.E. 12th Street and 112th Avenue S.E. (Aberdeen Avenue N.E.), 13 Thence southerly along Aberdeen Avenue N.E. approximately 610 feet to the centerline of N.E. Park Drive, 14 Thence easterly along N.E. Park Drive approximately 1540 feet to the intersection of Edmonds Avenue N.E., 14a Thence southeasterly along N.E. Park Drive, approximately 610 feet to the intersection of the east-west 1/4 section centerline of the Northwest 1/4 section of Section 9, Township 23 North, Range 5 East, of the W.M., 15 Thence easterly along said 1/4 section centerline approximately 2190 feet to the intersection of the North-South centerline of Section 9, Township 23 North, Range 5 East of the W.M. (Monroe Avenue N.E.), 16 Thence southerly along said section centerline (Monroe Avenue N.E.) approximately 330 feet to the intersection of Monroe Avenue N.E. and N.E. 10th Street, 17 Thence easterly along N.E. 10th Street approximately 660 feet to the intersection of N.E. 10th Street and Olympia Avenue N.E., 18 Thence southerly along said road centerline approximately 250 feet to the intersection with the centerline of N.E. 9th Street, 19 Thence easterly along said road centerline approximately 260 feet to the intersection with the centerline of Pierce Avenue N.E., 20 Thence southerly along said road centerline approximately 620 feet to the intersection with the centerline of N.E. 8th Street, 21 Thence easterly along said road centerline approximately 400 feet to the intersection with the centerline of Queen Avenue N.E., 22 Thence southerly along said road centerline approximately 470 feet to the intersection with the centerline of N.E. 7th Street, 23 Thence easterly along said road centerline approximately 160 feet to the intersection with the centerline of Redmond Avenue N.E., 24 Aquifer Protection Ordi �':e-FINAL January 30, 1992 Page 49 Thence southeasterly and then southerly along said road centerline approximately 740 feet to the intersection with the centerline of N.E. 6th Place, 25 Thence westerly along said road centerline approximately 260 feet to the intersection with the centerline of Queen Avenue N.E., 26 Thence southerly along said road centerline approximately 260 feet to the intersection with the centerline of N.E. 6th Street, 27 Thence westerly along said road centerline approximately 1,320 feet to the intersection with the centerline of Monroe Avenue N.E., 28 Thence southerly along said road centerline approximately 500 feet to the intersection with the centerline of N.E. 5th St., 29 Thence westerly along said road centerline approximately 320 feet to the intersection with the centerline of"L" Street, 30 Thence southerly and then westerly along said road centerline approximately 1,000 feet to the intersection with the centerline of Jefferson Avenue N.E., 31 Thence southerly along said road centerline approximately 260 feet to the intersection with the centerline of N.E. 4th Street and the south section line of Section 9, Township 23 North, Range 5 East, of the W.M., 32 Thence westerly along said section line approximately 1,660 feet to the intersection with the centerline of Edmonds Avenue N.E. and the southwest corner of Section 9, Township 23 North, Range 5 East, of the W.M., 33 Thence westerly along the south section line of Section 8, Township 23 North, Range 5 East, of the W.M. approximately 700 feet to the intersection with the easterly right- of-way line of the Puget Sound Power&Light Co. transmission line right-of-way, 34 Thence northwesterly along said right-of-way line approximately 1450 feet to the intersection with the north line of the south 30 feet of the north half of the southeast quarter of Section 8, Township 23 North, Range 5 East,W.M., 35 Thence westerly, along said north line, approximately 900.00 feet; 35A Thence southerly at right angles to the previous mentioned course, approximately 496 feet to the intersection with the southwesterly margin of the Burlington Northern Spur Line; 36 Thence southwesterly approximately 1347 feet to the intersection of the centerline of N. 4th Street with the centerline of vacated Meadow Street; 37 Thence westerly along the centerline of said N. 4th Street approximately 282 feet to the intersection with the centerline of Garden Avenue N.; 37A i • • Aquifer Protection 0, _,lance-FINAL January 30, 1992 Page 50 Thence westerly along said road centerline approximately 730 feet to the intersection with the centerline of Pelly Avenue N., 38 Thence southerly along said road centerline approximately 670 feet, to the intersection with the centerline of N. 3rd Street, 39 Thence westerly along said road centerline approximately 270 feet to the intersection with the centerline of Wells Avenue N., 40 Thence northwesterly along N. 3rd Street centerline approximately 370 feet to the intersection with the centerline of Williams Avenue N., 41 Thence southerly along said road centerline approximately 620 feet to the intersection with the centerline of N. 1st Street, 42 Thence northwesterly along said road centerline approximately 20 feet to the intersection with the centerline of Williams Avenue N., 43 Thence southwesterly along said road centerline approximately 470 feet to the intersection with the southwesterly right-of-way line of the Cedar River waterway, 44 Thence southerly along Williams Ave. approximately 1040 ft. to the intersection with the centerline of S. 2nd Street, 45 Thence southerly along Williams Ave. approximately 560 feet to the intersection with the centerline of S. 3rd Street, 46 Thence easterly along said road centerline approximately 600 feet to the intersection with the centerline of Main Avenue S., 47 Thence southerly along said road centerline approximately 560 feet to the intersection with the centerline of S. 4th Street, 48 Thence easterly along said road centerline approximately 190 feet to the intersection with the centerline of the Prim. State Hwy. No. 1 right-of-way, 49 Thence easterly along S. 4th Street centerline approximately 480 feet to the intersection of the centerline of the Cedar River pipe line right-of-way, 50 Thence southeasterly along said right-of-way approximately 1950 feet to the intersection with the south section line of Section 17, Township 23 North, Range 5 East, of the W.M., 51 Aquifer Protection Ordv` .e-FINAL January 30, 1992 Page 51 Thence southeasterly along said right-of-way approximately 3,900 feet to the intersection with the east section line of Section 20, Township 23 North, Range 5 East, of the W.M., 52 Thence southerly along said section line approximately 2,370 feet to the southeast corner of Section 20, Township 23 North, Range 5 East, of the W.M., 53 Thence westerly along the south section line of said section approximately 720 feet to the intersection with the centerline of 114th Avenue S.E. and the end of the westerly APA boundary. 54 • EXHIBIT 1 ,.. LAKs •dOREN \\ __ -__-_=_ =_ t;h:TY O F R \• T O IN '\ -___ _ IE1JPROTECT , X1 7 AREAS - • ealc >t : RIIIIIII ----------::-::::::: - k..;!:i:i:i.:f:1::if•Ili 1:.1".1.-!:!.-i-:"i::,:.!::::,-E.:•:.-,i-itzE:i1:.;Iiij!!..:.;;Iii..1:::::11:1: ......ii:........1:::::::::::!::!i.E.ii:::......1..i......„."........ AP A E. 11-1,,,,,,,,,,,,,,,„,, ... . ...... ....... .... ..................... .................... . .......... ...........• . ...... ................ .. ......... ..................... ................... . .......... ............. . .... .................... -:-:-_-_-_----,,,- ...::,,:„.,,,,, .,, ... ............„...,:,:,„:„.,:,:,:„„,,,, ••:•.::::. ....•.:.:•:•:•..••••••:: .........•„:„.......... ••.••.•....•••• ::......•.•...•:•.:•.•.• • .::::............•... --_-_-.,---_---_---_-:.-_-.:-.:_-__:_:_-____%. ..,,:„,::::,:, ::,:,,:,,:,:,:,,,:,„:„ ,:_ii-:.!-:3t,„-:,:,:,:,..!:,:,..,:,:,:„-..,..f.i.s.. ..i:i: i _____ ____ is ----------------------------- -- '::i: :..!'-i.:.:+ :i:i:1: 1.1.1.:1:14:11.4.:11:1:1:.1.-1, fi..!..:1.::ii::![..ii.:.ii....1:::::::::::.....1.:1;:i...;;iii1:1.! 7:!....!:.:ig . . !Qr . 1• r k iA Ili .v,.N.i.E.i.i.i.:.:11:11:::::r.1::: •.:.';:i1:::.!::::.!.. ::: I I dd> a, giga4# ERY RD vim°- < , .:f of < s e sef>ene < ` o s �v<ospgf y:F 9 f. •f e 6. / 0 e �ef fff- < e o0 f •cif 'c 1110101ill v °O11 •r 1 . �s`0kgl•>:>€:€:€e:€:>e:F:e'::e s::e:':>E:'F:>:Eee: :;':€::F:i:e:llE :�:E:€:E:'.€:i:::E: is F?I .f- f..:1d.••• i^ ^tt.•O.•Csos••" a 6 •�. .dd•2:Ss°:i ff .� •�. 00<C f .. n re:cZ¢.•.333333 nnannfr o.•< . ce < 9f ^.d ff f . �< :'E::.`-:`E-E•E.E?.E:E•>E�,:•"•F:E:E:i: :EoE:�E:E.. .i.i:E: ITii ����� ZONE 1 �:: <> <.fo. f .s Fililif<. v vvvar• rsv ..aw ........ st f. J r• t 4 :.fSonsE APA ZONE 2:>::i•41=111i..111i1;11:1111::::::::: licki .1:i::i:;:i:i:i:1:1--i:.:...i:.......;...........................;;...............e..... .,...:.•..,.:::1..:::•.:::,:,,,:!:11....:1:i::... --..\- L ' 1XS EMS • P‘491-111IN (/PA Techni al Services 0 100 6000 27Jannarp 19 ;<> ,-:;_:::.:�� .i 0 lobert T. Mae I I e, Jr.cA ` �� 1 : C 6,000 ---- ' i • • • - . III im L 7_, , ?..3.-•-ci,$:eieF.,•.5gi.a: -,?:-.*:,,,..,,--:-,g 1 BELLEVUE t ..."'„',:?;f-5-",--.q•?.'7 N4-Za Elm rr] AQUIFER PROTECTION • ....A:::.0::::::::::::„„ _Mil • . . .............................„„ 1-.. ;'V M.9"-Nr ISSAQU H.,, AREA ZONES "*.:2:::$.. ....i.f...ii \ E';''''':' MERCER ISLAND .AWT;$4., .42111lia ..:::„.„.......,„ , . yr . -.................... . ...,...„........... ,:L StA 4.1""‘ 7 ‘ : - \ a \); .........,,,,,,,..,...................,.. ,,,PSI 4 < ;,....,,,t :;..,,,,,,..3.2,-........... .....,,,..A.,,,,,2.,• NAM Lakes • , ,,,,,::::::::::::.ii, :::::::...:::Z.,..::::::2q2,:ar:Mx.f05.1::::S.•;:1:::::::*...:,,,1 EM.6,.,.... ......'M alEMZRE.itEMBH-0.0,4_____03 4u#11111M0 AN&.. t e, 1;'1,Wif4i:i:; ..s EA "Nitistaggilanntinii,:-..1 :iii,. voom...Thik . e , El. APA Zone 2 \ s+ "41. .::Ifajr270i. -,,e‘ .41011111111111111 *R14110441EL- IlligirIENP \ 7: ------e— Streams ' 'r "' W,Oi.:- .' 1:1:13*W33:111*itagnitiiiiit Ma -Vrr.,i). Pililliii,-,[104 • ----------..=4----- RilTerB . .._.. 411 li II I. 11.w'''' Highways Meill Roade .,....,....:... r1\ Nov IlligANARED.Hiliefig:. Z1 e,.,:::3::,;::::.:;k:i:;;;;;;-...A:1:iiiimi:Er:ligl:41 .: MVP,'RD IAA MATZ 1 LL 1LN N.N.. Municipal Boundaries Sphere of Influence Boundary I. iillr-• ip,....1011,- iii..„,.,,,,avie.,.:. •• . J , 0 -=.1.11%-'•••:-.------'411 -— } . . • . , I .. . t S• LADE DISIRD& I + • 4- ....qr. rSPRING LAXI \k_.................„ • , ,.a... , ,: ' k .• '. . i 1 0 6000 12000 CSILADI.LW g tl ;r -----\‘'.. NMI,::,:::,,x%,,,r.::::::::i:i:i:::::::.::::;:i:::::;:,,,,,,:*::i*,:::.:>.,;::,:: . , • ,,,Y.4*.W...4,5-4,4.1. / KENT ANTHER 1-41I Mr:afatS.. , 1:72000 111 ,g7----:-5Kn,::,:--::-. -ffIP::: jaff ;,..... .:,..: ';:,,::Wf$5.' 1/4,3,..., u.r rouges -4: :k ••:,:. • ..— UTILITY SYSTEMS P/S/Flf Technical Services 28 January 1992 Robert T. gaa Onto, Jr. ... ) ,. r_ii . , )1- 7 .. . Source: 1032 Engineers 1/21/92 • , Aquifer Protection Ordinance-FINAL , January 30, 1992 Page 52 EXHIBIT 4 Table 1 PIPELINE MATERIAL REQUIREMENTS PIPE DIAMETER CONSIDERATIONS PIPE MATERIAL <4 4-8 10-12 14-20 24-30 36-54 ,SUGGESTED MATERIAL SPEC (See Table 2) Ductile Iron,Rubber Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151,C104 a b c d n o p r Polyethylene-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151 a b c d n o p r ) Ductile Iron,Nitrile Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151,C104 b c d i n o p r Polyethylene-Lined 1,2,3 1,2,3 1,2,3 1,2,3 1,2,3 AWWA C151 b c d e i n o p r PVC,Rubber Gasket Joints Blue Brute Cl 150 or 200 1,2 1,2 AWWA C900 a b j 1 n o p r t PVC,Nitrile Gasket Joints Blue Brute Cl 150 or 200 1,2,3 1,2,3 AWWA C900 b i j 1 n o p r t PVC,Solvent Welded Joints Sch 80 2,3 1,2,3 1,2,3 ASTM D1784,D1785 h j k i n o p r t Welded Steel,Rubber Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C205 a b f g h n o p r Dielectric-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C210 a b f g h n o p r Welded Steel,Welded Joints Cement Mortar-Lined 1,2 1,2 AWWA C200,C205 f g h n o p r Dielectric-Lined 1,2,3 1,2,3 AWWA C200,C210 f g h n o p r High Density Polyethylene Pipe 1 1 1 1 1 ASTM D1248 and D3350 h k p q u Corrugated High Density Polyethylene 1 1 1 1 1 ASTM D 1248 and AASHTO k p g s u Pipe-Smooth Interior Insituform Liner 4,5 4,5 4,5 4,5 4,5 ASTM D638 m n o p q r PIPELINE SERVICE 1. Storm Sewer 2. Sanitary Sewer and Side Sewer 3. Leachate Pipeline 4. Rehab Existing Storm Sewer 5. Rehab Existing Sanitary Sewer 92-026.DOC/LLH/bh r Aquifer Protection Ordinanc_ _-NAL • January 30, 1992 Page 53 EXHIBIT 4 • • Table 2 CONSIDERATIONS ON SELECTION OF PIPE MATERIALS ;'T:' e:follow . :;consideration�s::are used::In c n unctmn::wiff�:::`T`able:I for:ie:ntative::selectioxi of: ::::: ::::: . thaterials< :C ther:matenals meet • •;similar::: erformance::stsn#x s::or;:.:dev to .ed::as:;the:`res l :ofne : A :.;•:::. •:.::.:::[ Cil �ch�QIQ� b : �:. aPPr�vcl�_��.:. a. Rubber gaskets may be severely damaged by petroleum products, particularly in prolonged exposures to concentrated flows containing little or no storm water or sanitary sewage. In cases where heavy concentrations of petroleum products may be experienced, nitrile (Nitrile- Butadiene; ie, NBR) gaskets should be used. b. Gasketed joints may not be leak-proof at zero or low pressures, if improperly installed. c. Mechanical joints may be less likely to leak at low pressures than push-on joints. d. May need protective coatings and/or cathodic protection against external corrosion. e. Considered most reliable gasket and lining material for ductile iron leachate pipeline. f. Very difficult to repair linings on inside of joints in pipe smaller than 24-inch diameter. g. Almost always needs protective coatings and cathodic protection against external corrosion. h. Properly made joints are considered leak-proof. i. Nitrile gaskets may require long delivery time. j. Requires special attention to bedding and backfill depth to avoid structural failure of pipe. k. Large thermal expansion coefficient. May need to limit solvent welded joints to 4-inch and smaller pipe. May require careful evaluation of pipe installation temperature and temperature of piped liquids to ensure joint integrity. 1. Pipe not available over 12-inch diameter. • m. Insituform lining is available in 6-inch through 60-inch diameter for almost any pressure, if • sufficient pipe cross-sectional area is available. n. Pressure grouts and gels are not acceptable for rehabilitation or patching of storm and sanitary sewers. o. Suitability of pipe lining and gasket material to resist chemical attack by conveyed fluids must be determined for each pipeline service considered. p. All storm and sanitary sewer manholes, catch basins, and inlets should be equipped with • precast concrete bottom and sidewalls with rubber gasketed joints between sections, water- tight epoxy grout pipe entrances through walls, and bitumastic coating of all interior floor and wall surfaces. Manholes, catch basins, and inlets should have no leakage when hydrostatically tested at atmospheric pressure. q. Has good resistance to a number of chemicals, petroleum products, and hydrogen sulfide corrosion. 92-026.DOC/LLH/bh - Aquifer Protection Ordinance.'-._:JAL January 30, 1992 Page 54 EXHIBIT 4 Table 2 CONSIDERATIONS ON SELECTION OF PIPE MATERIALS r. "Zero leakage" test requirement may be impossible to achieve under the best conditions for any pipe materials because trapped air may distort test results, even in a drop-tight pipe. Pressure and leakage test requirements should consider whether the pipe has steel slope or will stand full of liquid. Pipelines should be tested with the intent to prevent or minimize leakage. Air testing should not be allowed; hydrostatic testing should be as stringent as any found in the industry. Pipe materials, without regard for chemical attack, corrosion, or puncture, are generally ranked as follows, in decreasing order of liquid-tight reliability: • welded steel with welded joints • PVC with solvent welded joints • Insituform liner • ductile iron with viton or rubber gaskets • welded steel with rubber gasketed joints • PVC with viton or rubber gasketed joints s. Joints should consist of"heat-shrink"wrap, standard corrugated coupling, and full pipe band clamps. t. The use of PVC may be restricted by other Utility policy in regards to depth of pipe cover. u. HDPE may be adversely affected by solvents; its use is not recommended where contact with solvents may occur. 92-026.DOC/LLH/bh March 9. 1992 Renton City Council Minutes Page 121 MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC MEETING. CARRIED. MOVED BY EDWARDS, SECONDED BY MATHEWS, COUNCIL SUSPEND THE RULES AND ADVANCE TO ORDINANCES AND RESOLUTIONS. CARRIED. (See Page 127 for second and final reading of Ordinance #4346.) Recess MOVED BY KEOLKER-WHEELER, SECONDED BY MATHEWS, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time 9:35 p.m. The Council meeting reconvened at 9:44 p.m.; roll was called; all members were present. AUDIENCE COMMENT Rob Hines, general counsel representing Stoneway Concrete, 800 Bellevue Citizen Comment Way NE, Suite 376, Bellevue, 98004, said that in response to a previous Hines - Aquifer Council request, the Company is compiling a report on the estimated cost Protection Ordinance of moving to the Black River Quarry. He reported that the approximate cost of the move will be between $11 and $15 million, including lost profits and mark cis and equipment costs; and said that complying with ordinance requirements during the 10-year relocation period will cost about $2 to $4 million. Mr. Hines stated his opinion that ordinance requirements would severely prohibit growth over the next ten years which could cause any operation to terminate its business in Renton. Responding to Councilman Tanner's inquiry, Mr. Hines said that Stoneway's previous plans to move to the Black River Quarry were intended to take place over a period of 15-20 years, and that it is possible that Stoneway would remain at the Renton site if the ordinance were abandoned. Planning: Wetlands Todd Woosley, Burnett Construction, 1215 120th Avenue NE, #201, Ordinance Bellevue, 98005, commented that the Wetlands Ordinance is not flexible and mapping has not been sufficient. He said that only the preservation of the functions and values concept can provide economic flexibility. Mr. Woosley expressed his opinion that the ordinance did not include comments from property owners and citizens interested in the economic vitality and affordability of housing in the City of Renton. He also noted that the Planning Commission's recommendation was not adopted. Citizen Comment Bill Bryant, Bryant Motors, 1300 Bronson Way North, Renton, 98055, Bryant - Aquifer spoke against the Aquifer Protection Ordinance. He said that Bryant Protection Ordinance Motors will be unable to meet proposed ordinance requirements, and will be forced to litigate compensation for relocation costs which could total $2.5 million. He also stated that the ordinance will damage property value, violate property rights, and force the termination of business. Citizen Comment: Shawn Holland, 1501 4th Avenue, Suite 2600, Seattle, 98101, representing Holland - Aquifer North American Refractory Company (NARCO), expressed concerned Protection Ordinance that the public has not been allowed adequate time to review Aquifer Protection Ordinance revisions. March 9. 1992 Renton City Council Minutes Page 122 Citizen Comment Friedel Waldenberger, Friedel Service, 345 North 3rd, Renton, 98055, said Waldenberger - that the proposed ordinance will put him out of business. Aquifer Protection Ordinance Citizen Comment Elizabeth Menzel, president, 13803 SE 144th Street; and Lawrence Menzel, Vickers - Vickers, trustee, 13419 SE 141st Street, representing the Maplewood Sanitary Sewer, Heights Maintenance Corporation, opposed City plans to run sewer lines Maplewood Heights down SE 144th in Maplewood Heights for the following reasons: 1) Cul-de-sacs would be blocked from emergency equipment during construction. 2) The area is unstable, and 50 homes along the edge of the embankment above the golf course have experienced cracks in driveways, sidewalks, bulkheads, and patios. 3) Slide activity has been evident in the area. 4) Excess water from a development on Cemetery Road is running down the canyon into backyards and the greenbelt. Ms. Menzel and Mr. Vickers urged that the City consider an alternate route for the sanitary sewer line. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Appointment Human Mayor Clymer appointed Phyllis Plocher, 17370 SE 133rd Street, Renton, Rights & Affairs 98059; and Vern Nichols, 8438 South 123rd Place, Seattle, 98178, to the Commission Human Rights and Affairs Commission to fill terms which will expire 4/24/93 to replace Sally Carlson and Rose Raihala. Refer to Community Services Committee. Parks: Golf Course Parks Department requested approval to use increased Golf Course Fund Fund Expenditures revenues for dredging of retention ponds and creek bed ($19,000), fuel tank removal and site restoration ($14,595), and increased registration and training ($1,200); total expenditure required $34,795. Refer to Community Services Committee. CAG: 91-056, 1991 Transportation Division submitted CAG-056-91, 1991 Street Overlay; and Street Overlay requested approval of the project, authorization for final pay estimate in the amount of $642,684.44, commencement of 30-day lien period, and release of retained amount of $32,120.59 to contractor, M. A. Segale, Inc., if all required releases have been received. Council concur. CAG: 90-057, Utility Systems Division submitted CAG-057-90, Maplewood Wells No. Maplewood Wells #11 11 & 17 (W1027), Wellhead Construction Schedule B; and requested & 17 (W1027), Seitz approval of the project, authorization for final pay estimate in the Construction amount of $1,752.44, commencement of 30-day lien period, and release of retained amount of $32,921.07 to contractor, Virginia L. Seitz Construction Company, if all required releases have been received. Council concur. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. 'March 9. 1992 Renton City Council Minutes Pane 123 INFORMATION ITEM Mayor's Office submitted Downtown Renton Association (DRA) quarterly CAG: 90-109, DRA report in compliance with the agreement for services between the City of Quarterly Report Renton and the DRA (CAG-109-90). CORRESPONDENCE Correspondence was read from Howard Portnow regarding the sanitary Citizen Comment sewer moratorium exemption for the Polygon Crown Point II project, NE Portnow - Polygon 6th Place (UC-007-90); and the RH2 study of facility improvements for 2000, Crown Point II, the South Highland sanitary sewer basin (CAG-007-90), Entranco Project NE 6th Pl., Sanitary No. 92001-60. Sewer Exemption (UC-007-90) Mr. Portnow stated that on 6/4/90 the Council approved an exemption to the sanitary sewer moratorium for five lots in the Crown Point II project. He said that the assemblage of lots has changed and requested that the company's share of the 187 exempted units be applied to parcels identified on an enclosed map. He noted that the request does not affect any other property, but would constitute a reallocation of shares to different lots. MOVED BY KEOLKER-WHEELER, SECONDED BY TANNER, COUNCIL REFER THIS CORRESPONDENCE TO THE UTILITIES COMMITTEE. CARRIED. Utility: Aquifer Correspondence was read from S. Michael Rodgers, attorney, Rogers & Protection Ordinance Deutsch, Three Lake Bellevue Drive, Suite 100, Bellevue, 98005, representing Forte Rentals, Inc. opposing passage of the proposed Aquifer i LProtection Ordinance, and urging that adoption of the ordinance be delayed to pursue legal analysis that addresses potential damage to local business and protection of constitutional property rights. ii Utility: Aquifer Correspondence was read from Kameron C. Cayce, attorney, Kameron C. Protection Ordinance Cayce & Associates, 405 South 4th Street, Renton, 98055, representative for Taylor's Auto Body located at 330 Main Avenue South, Renton, i I opposing the Aquifer Protection Ordinance on the basis that it would I prohibit continuance of Mr. Taylor's business. He requested that the ordinance include an automatic review after six months and a waiver of the ten year relocation provision for businesses that have successfully demonstrate responsibility in protection of the aquifer. Utility: Aquifer Council President Keolker-Wheeler entered correspondence from R. K. Protection Ordinance �; Butler, Corporate Environmental Manager, PACCAR, P. O. Box 1518, Bellevue, 98009, stating that the company is concerned that a substantial I portion of its Renton property is in Aquifer Protection Zone 2, and requesting that the ordinance provide standards, eliminate reversion to IZone 1, modify violation section, and eliminate site plan review. Planning: Puget Sound Councilwoman Mathews entered correspondence from the Puget Sound Regional Council Regional Council (PSRC), 216 First Avenue South, Seattle, 98104, Bylaws Amendments presenting recommended bylaws amendments. MOVED BY MATHEWS, SECONDED BY EDWARDS, COUNCIL REFER THIS MATTER TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. Annexation: Senescu Councilwoman Mathews entered correspondence from Mary Ryan, Ryan Planning: Senescu Properties, Inc., 757 Rainier Avenue South, #9, Renton, 98055-3204, Annexation stating that finalization of the Senescu Annexation, 25 parcels of property totalling 13.49 acres (60 percent petition approved 1/91), is being delayed by a fire protection issue on South 117th Place. Ms. Ryan requested that the City accept South 117th Place as an easement road which the City does not agree to maintain, and address concerns R,JE1VED RODGERS & DEUTSCH, ATTORNEYS AT LAW9 1992 THREE LAKE BELLEVUE DRIVE S.MICHAEL RODGERS,P.S. SUITE 100 AD RYL A.RENTON CITY COUNCIL JOHN PAUL EUTSCH BELLEVUE,WASHINGTON 98005TURNER (206)455-1110 Fax: (206)455-1626 March 9, 1992 Mr. Bob Edwards Member, Renton City Council 200 Mill Avenue South Renton, WA 98055 Re: Aquifer Protection Ordinance - Dear Mr. Edwards : We represent Forte Rentals, Inc. and write this letter on their behalf.- The purpose of this letter is to put you and the other members of the council on notice that prior to adopting the Aquifer Protection Ordinance, significant steps need to be taken to address and analyze the property rights of those businesses that will be affected. Our clients have informed us that the council is prepared to adopt the ordinance in its current proposed form, without clearly addressing these issues. We anticipate that a significant number of local businesses, including our client, will be unable to comply with the proposed ordinance and will be forced out of business within 18 months. The currently proposed ordinance will leave these businesses with no alternative than the commencement of costly and time consuming litigation to recover fair compensation for damages. Forte Rentals is a successful 25 year family owned business employing 28 people. The company' s revenues provide the City of Renton in excess of $100,000 per year in taxes and fees. Forte Rentals is precisely the type of successful local business that you and the council should be protecting and fostering. It is clear that the City of Renton has failed to address the magnitude of the relocation costs and expenses thrust upon our client and the other local businesses. If the city chooses to pass the ordinance in its current Mr. Bob Edwards March 9, 1992 Page Two form, the forced relocation costs to Forte Rentals will be in excess of $2,000, 000. The company needs a longer amortization period than ten years to start saving the funds necessary for such a move. As currently drafted, the ordinance would, however, result in the forced termination of this business in 18 months. The City of Renton must recognize the impracticality of smaller businesses being able to comply with the 18 month ordinance provisions. In our opinion, the elimination of businesses unable to comply within 18 months constitutes an unconstitutional taking and damaging of property and property rights. If the City of Renton refuses to recognize the property rights of those individuals affected by the Aquifer Protection Ordinance, the costs associated with forced termination/relocation will no doubt be determined by a King County Superior Court. It is our opinion that application of the ordinance may also violate the equal protection and substantive due process rights of affected property and businesses under both our federal and state constitutions. Equal protection will be a major focus of any future litigation because of the "convenient" exclusion of Boeing and Paccar from the zones established by the ordinance. Substantive due process is relevant since a means exists to accomplish the objectives of the ordinance without forcing relocation of the affected businesses. Our clients have expressed concern that the City Council has to date largely relied upon sub-committee staff without doing its own independent analysis of the costs and liabilities that the city will incur in adopting the ordinance in its current form. This letter is our client' s formal request that the City Council not rush the adoption of the ordinance and pursue the appropriate legal analysis that addresses potential damage to local businesses and protection of constitutional property rights of landowners and local businesses. Thank you for your further consideration of this matter. Very truly yours, Ø7SCH S. ich. 1 Rodgers SMR/sb2 cc: Forte Rentals, Inc. LAW OFFICES OF KAMERON C. CAYCE AND ASSOCIATES P.O.BOX 798 405 SOUTH FOURTH ST. RENTON,WASHINGTON 98055 KAMERON COUNTS CAYCE,P.S. TELEPHONE KAREN S.EVERITT-EMERY (206)255-0603 JOY B.McLEAN' 'ALSO ADMITTED IN IDAHO MY OF RENTON March 9, 1992 YVII\R 0 91992 ti'neoR.v 6��FY��� %4 Y CLERK'S OFACE Mayor Earl Clymer Renton City Council Renton City Hall 200 Mill Avenue South Renton, WA 98055 Re: Aquifer Protection Ordinance-Taylor's Auto Body Dear Mr. Mayor and Members of the Council: I am writing on behalf of Kenneth L. Taylor, the owner of Taylor's Auto Body located at 330 Main Avenue South, Renton Zone 1 . Mr. Taylor has operated a responsible and successful business at this location for over 14 years. He is concerned that the Aquifer Protection Ordinance as it is presently proposed will make it impossible for him to continue to operate a business in the City of Renton. Of primary concern is section 9 of the proposed ordinance requiring removal of his facility in ten years even in the event he has otherwise met the requirements of the ordinance. He is also concerned with the somewhat vague definition of a "security agreement" in an amount not to exceed $200, 000 . In light of the lack of detail on this requirement, Mr. Taylor has been unable to obtain an estimate of cost from his insurance company. It is my understanding that. the Council will be considering possible amendments to the proposed ordinance. One of these proposals is to have an automatic review after six months . The other is to include a waiver of the ten year removal provision for a business that has successfully demonstrated its ability to act in a responsible manner. I would strongly encourage you to adopt both of these provisions as the ordinance in its present form simply presents too many unanswered questions for the responsible business people who find themselves located within the Zone 1 area. Mr. Taylor recognizes the need for and is strongly in support of aquifer protection. An examination of his past business practices will demonstrate that he has an unblemished record in 0(1/ 0L-fr "q-14.7 Mayor Clymer City Council March 9, 1992 Page 2 environmental protection. Recent soil tests taken on his property, including one drilling right under the paint bay, confirm that no substances have entered the soil or groundwater. I urge you to consider the legitimate concerns raised by Mr. Taylor and adopt the amendments necessary to allow a continuing look toward refinement of this ordinance in a way to meet everyone's needs and allow responsible businesses to contribute to Renton's future. Thank you very much for your consideration. Very t ' ly yo- 4101 RIN C. CA'- �-�-- KCC:dr cc: Kenneth Taylor • gECEIVF® MAlsI• � Inc l 5 7992 iJTUNv,i '' . �t4CIj^ March 4, 1992 Utilities Committee Renton City Council 200 Mill Avenue South Renton, Washington 98055 Attention: Honorable Jesse Tanner, Chairman Re: Proposed Aquifer Protection Ordinance, Draft of January 30 , 1992 Honorable Committee and Council Members: PACCAR recently received the City' s January 30 , 1992 draft of the Aquifer Protection Ordinance, now introduced before the City Council as the version proposed for enactment. PACCAR has read this draft with great interest - we have been following this Ordinance in its progressive drafts for several years and have had exchanges of correspondence and meetings with the Water Utility Staff over PACCAR' s comments on the form of this Ordi- nance. PACCAR' s concerns arise primarily from the fact that a substantial portion of our Renton Property is included within Aquifer Protection Zone 2 and is therefore subject to the Ordi- . nance. The January 30 , 1992 draft has been substantially changed from the last draft which PACCAR reviewed in 1990 . We find a number of our comments have been adopted in some form by the City staff and, °we believe, with positive improvements to the proposed Ordi- nance. The remaining concerns which PACCAR has with the proposed Ordinance are summarized for the consideration of the Council as follows : • Provide meaningful, ascertainable standards to determine applicability, compliance and enforcement. • • Eliminate Zone 2 "reversion" to Zone 1 status where a Zone 2 facility has potential impacts deemed as bad as a Zone 1 permitted use. (whatever this means ) . • Avoid violation punitive consequences without proven fault. • Eliminate formal site plan review of Zone 1 and Zone 2 regulated substance use where formal site plan review does not already .apply (e.g. , properties in the H-1 and L-i Zone) . • P.O. Box 1518 Bellevue,Washington 98009 Telephone(206)455-7400 Business Center Building 777-106th Avenue N.E. Bellevue,Washington 98004 Facsimile 206-453-4900 Utilities Committee Renton City Council March 4 , 1992 Page 2 To enable the reader to follow our comments, when compared to the existing text of the proposed Ordinance, we are attaching excerpts showing our comments next to the text of the proposed Ordinance on the pages relevant to our concerns. We will also be happy to meet with the Utilities Committee and City Staff with our environmental counsel present to clarify any of our comments . Respectfully yours, R. K. Butler Corporate Environmental Manager RKB:mg Attachments cc: Lys Hornsby/Ron Olson, Department of Planning/Building/Public Works R. P. Beveridge, Esq. P. E. Gladfelter J. C. McRae §4.S. The definition of ••regu..at.cu a.+,,�...••� -the operation of the Ordinance. AJprecise definition of "regulated substanc_"- -s necessary for the regulated community tc' ,ermine what substances and activities are coverecu — the Ordinance. As currently drafted, the definition has overlapping and redundant provisions. The definition of regulated substance could be made plain simply by using the references to existing law contained in clauses 4.S.4.a., b. , and c. and adding a section on petroleum products. An alternative is to simply reference the definition of "hazardous substance" in Section 2 of the State Model Aquifer Protection Ordinance-FINAL Toxics Control Act (which expressly includes petroleum ianuary30, 1992 products) . The additional clauses in the current Page12 definition are confusing, repetitive,_ and should be deleted. M. HAZARDOUS WASTE TREATMENT, STORAGE,AND DISPOSAL FACILITY means any facility regulated pursuant to 40 CFR 264 or 265, or WAC 173-303- 280 through WAC 173-303-670. N. OPERATOR means any person in control of, or having responsibility for, the daily operation of a facility. O. OWNER may include a duly authorized agent or attorney,a purchaser,devisee, fiduciary,and/or a person having vested or contingent interest in the property and/or facility in question. P. PERSON shall mean any person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency,political subdivision,public officer,owner,lessee,tenant,or any other entity whatsoever or any combination of such,jointly or severally. Q. PIPELINE shall mean buried pipe systems (including all pipe, pipe joints, - fittings, valves, manholes, sumps, and appurtenances that are in contact with the substance being transported) utilized for the conveyance of regulated substances. Pipelines include, but are not limited to, sanitary sewers, side sewers,storm sewers,leachate pipelines,and product pipelines. R. POTABLE WATER shall mean water that is catisfactory for drinking, culinary, and domestic purposes meeting current county, state, and federal drinking water standards. S. REGULATED SUBSTANCES shall mean any-$amiteable liquies7 ee le d • as: 1. .. :LE LIQUID is any liquid having a flash point below 100 degrees • d having a vapor pressure not exceeding 40 pounds per square inch( • •lute)at 100 degrees F. 2. . COMBUSTIBLE LIQ •` is a liquid having a flash point at or above 100 degrees F. 3. HAZARDOUS MATERIALS shall ' • ude such materials as flammable solids, corrosive liquids, radioactive • serials, oxidizing materials, • highly toxic materials, poisonous gases, - ' e materials, unstable materials, hyperbolic materials, and pyrophoric .. serials as defined in -- Article 9 of the Uniform Fire Code and any subs - or mixture of substances which is an irritant or a strong sensitizer or • .1 generates 4. OT 14EH S JBSTA NC $c atom .moi: a. A Hazardous Substance as defined by Sec-tion 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act(CERCLA),or(1)any substance designated pursuant \4.S.4 The term "other substance" is confusing and is not l used consistently throughout the Ordinance. Many of the, substances described as "other substances" also meet the definition of flammable, combustible or hazardous materials listed above. r 4.S.4.d This "catch-all" clause is exceptionally broad and provides little advance guidance to the regulated community regarding what substances will and will not be regulated under the Ordinance. Virtually any ( material may potentially degrade groundwater quality !i` if improperly used, including, for instance, asphalt and concrete paving. 1 • Aquifer Protection.Ordinance-FINAL January 30, 1992 Page 13 to Section 311(b)(2)(A)of the Clean Water Act(CWA); (2)any clement, compound,mixture, solution, or substance designated pursuant to Section 102 of CERCLA; (3)any hazardous waste having thecharacteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act(but not including any waste, the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress); (4)any toxic pollutant listed under Section 307 (a) of the CWA; and (5)any imminently hazardous chemical substance or mixture with respect to which EPA has taken action pursuant to Section 7 of the Toxic Substances Control Act. b. Hazardous Substances that include any liquid, solid, gas, or • sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090, 173-303-101, 173-303-102,or 173-303-103. c. Hazardous Waste as designated in WAC 173-303 as dangerous or extremely hazardous waste. s • T. REGULATED SUBSTANCES MANAGEMENT PIAN shall mean a plan containing procedures to be followed to prevent,control,collect,and dispose of any unauthorized release of a regulated substance. U. SOLID WASTE shall be defined as per Chapter 173-304 WAC, Minimal Functional Standards for Solid Waste Handling,WAC 173-304-100(73)- • V. UNAUTHORIZED RELEASE means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a regulated substance in a quantity greater than 1 gallon (5 pounds) per incident from a facility into a — containment system,into the air,into groundwater,surface water,surface soils or subsurface soils. Unauthorized release does not include: intentional withdrawals of regulated substances for the purpose of legitimate sale,use,or disposal;and discharges permitted under federal,state,or local law. W. " UNDERGROUND STORAGE FACILITY shall be defined as in City of Renton -. Ordinance No.4147, Underground Storage Tank Secondary Containment Ordinance,Section 71204(T). X. UNDERLYING PERMITS shall mean permits required by the City of Renton, including but not limited to building permits;conditional use permits;mining, excavation,-and fill and grade permits; shoreline development permits; site plan reviews; variance'rezones; planned unit developments; and subdivision, short subdivision,and land use permits. • • • P.15 §5.F. To avoid preemption issues, the beginning of this provision should be amended to read: "Except as • preempted by federal or state law. . . ." Aquifer Protection Ordinance-FINAL January 30, 1992 Page 15 F. All owners and/or operators of facilities which have stored, handled, treated, used, or produced regulated substances in the past,or have the ability to do so in the future must comply with the permit requirements, release reporting requirements,and closure requirements as set forth in this Ordinance. G. All Aquifer Protection Area operating permits must be renewed by the Utility on an annual basis. ' • SECTION 6: EXEMPTIONS A. The storage and handling of regulated substances for resale in their original unopened containers of five(5)gallons or twenty-five(25)pounds or less shall be exempt from the permit requirements and Section 9(A)of this Ordinance. B. De Minimus Usage of Regulated Substances: Facilities that use,core,or handle regulated substances in quantities of five(5)gallons or twenty-five(25)pounds or less of any one regulated substance, and in aggregate quantities of twenty (20)gallons or one-hundred (100)pounds or less of all regulated substances, shall be exempt from the permit requirements and Section 9(A) of this Ordinance. Where regulated substances are dissolved in or mixed with other non-regulated IT substances,only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this ordinance. C. Single family residences are exempt from the permit requirements and Section 9(A)of this Ordinance provided that no home business(as defined by Title 4, Chapter 31 of the Code of the City of Renton)is operated on the premises. D. Fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle shall be exempt from • the provisions of this Ordinance. E. Existing heating systems using fuel oil arc exempt from the requirements of this Ordinance. F. If the Utility determines that an existing or proposed activity, that is exempt from the permit requirements of this Ordinance pursuant CO this section,has a Aignilicant or substantial jjotential to degrade groundwater quality, then the Utility may rl2ssify that activity as a facility as defined by this Ordinance, and therefore require that facility to comply with the permit requirements of this Ordinance. Such determinations will be based upon site-specific data and shall be eligible for appeal pursuant to Section 23 of this Ordinance. • G. Public interest emergency use and storage of regulated substances .12,y_ vnve-rnm ntal ntganiZytlons is exempt from the permit requirements and Section 9(AX1)of this Ordinance. P.18, • ' §9.B.1 "of a facility involving the storage, handling, transport, treatrn:- --- use, or production of regulatedti • Y ' substances" J' §9.B.1. The provision requires review of all changes in land use. The provision is overly'broad and should be • coneined, consistent with the stated purpose of the . - Ordinance, to review of facilities and changes in land use involving the use of regulated substances. The first inquiry should be whether the new activity will use regulated substances. Only if regulated substances may be used should review then be required. Thus, -PACCAR recommends that the provision be changed as shown. Page 18 shall not reinstate the use of regulated substances in quantities Greats than de minimis quantities. 2. Closure of a facility or termination of any or all facility activities shall be conducted in accordance with the closure requirements(Section 17)of this Ordinance. If B. REVIEW OF PROPOSED ACTIVITIES 1. Within Zone 1 of an APA, no changes in land useand no construction activities shall be allowed unless a finding is made by the Utility that the proposal will not impact the long term, short term or cumulative • quantity or quality of the aquifer. The finding shall be-based on the present or past activities conducted at the facility;regulated substances stored, handled, treated, used or produced; and the potential for the activities or regulated substances to degrade groundwater quality. 2. Changes in land use and types of new facilities which are prohibited within Zone 1 of an APA include, but are not limited to: any use in • which regulated substances are used, stored, treated, or handled; or which produces moderate risk waste, hazardous waste, and/or dangerous waste. The use of regulated substances in de minimus quantities as defined in Section 6(B) of this Ordinance shall be exempt from this provision. a) a) in a) .G 01 0 '0 a + '0 3. The conversion of heating systems to fuel oil or the installation of new A v 4a'44-1 0) U • E o CO 0)•� fuel oil heating systems in Zone 1 of the APA after the effective date of '0 11 Ul ) 0 In al U) 0 a) .4 P this Ordinance is prohibited. +i O G 3 ro ro o•.N1 U0l 4J TI. a)4-IG • N Sa al .c al U) 0•d G 4 a) .g 8 >.-,-i a) 4. The following specific changes in land use and types of new facilities • ur 31 0 0 i...OI UI 0.4 4-1 0.d•1 re)w will be prohibited within Zone 1 of an APA:surface impoundments(as 3 UO)b +Ni O N G H-,4 301 w 3 v 0 I'1 b ..defined in WAC 173-303 and 304);waste piles(as defined in\VAC 173- W-.+ is 0 a) a) a) al 4-1'd 01'd > .i •.1 3 ti cd.r Ti, •.1 w'd.-1 a) a) in >, 303 and 30411_ hazardous waste treatment, storage, and disposal <.___,-_ aa)) a) x 8+' � O� UI t°•.0-i 0 d 31 d•H facilities; all types of landfills including solid waste landfills; transfer i♦.0 H )4 0 A Ul 0.4••1.-1 a) 0 stations; septic systems; recycling facilities that handle regulated sub- ' 1.) N CU 0UI )4a) 00 +) U4 b• 0 04 •'Cl.4 He ro > 0 u 0 3 stances; underground storage facilities; and petroleum product ,-1 yi d•.1 G•.1 3 U) a) Ul 4a'd U) • pipelines. 040-P in 3 0 al{l +i al U) G G a) G 60.x)21 -.16--1oro 6Z.-IUMO al 0.,..1 a) U)4-1•.1 > ro•.1 U)'d O U1•.i +i Ul U+i 11+i.•1 a) a N al 4 14'a a) 4a 5. All applications for changes in land uses and for all underlying permits ..-1-..4 al H al g'0 a) •'-1 O U) Y'd a) 31 8 a O'•+ (T al 304 0 N N H b O'd+l in Zone 1 of the APA must be reviewed for compliance with this 3 -.,.i-•1 8 ro mi Q 31 Ul G G ro'd 4a Ordinance. The focus of review for all permits will be on the •• tom . U Ul a •.1 a.-1 04••1- 4 o.-1 al 0 4,-40063.461144.10 a a lasubstances that will be stored,handled, treated, used or produced; and -.l > a1 w 0•.1.4 a to 4.) ro H U) W 8.0 04 11 0 G O 0_+i 0 G 0 a)4a a) U the potential for these substances to degrade groundwater quality. All •. x)1 34 0 )a al al 6 0 O U 0.i•.1 )4 10 131 a) a) to a 11 8 0•.1 4 0 G.G a) permits required pursuant to this Ordinance must be issued prior to or O a.1 1 A �'•-i 10 4 Go 4 ccl gi U 3.w1 concurrent with the issuance of permits for construction activities or .i 1 o G 4 Ti 0.3 3i o U Ul-.+ a) 0underlyingpermits for these activities. vaa4-1 ttoog'a -> GP Hx31-.-10 g (1)'CI 0HCul Nro-.1 > 0+i 4 T1 >1 a) •.1 I a)•.1 U -•1 >.al 8 6. All proposals for changes in land use or for construction activities shall •.1-.1 triG +i a • 1-7 .G.'0 4i al'O 0 p VI In 0:1..1 3 3 1. 3+i (1) 6 14 N be subject to site plan review pursuant to Title IV,Chapter 31,Section •.1 H .-1'da) al'd al a) 4-.1 a) al V-1 > I 1.) 0 G•.1•.1 6.4-•-1 to 10 4.) G G 4-31-33. . o Mg 0 > > 04a > G.10ro•.1U1 i b S al b' (1) a) a)•.-I 0 04.-1 G G 0.008 3 31 31.-1 a) 31 > it 040 5♦ V. 4 .p 4-i 3.1 a) I 31 .-1 0 1-1 N a) Ula)+i0a)•.1GGx0GO304•.1a) . 0 P.18, •.iH 0.)+i > 00 000 a)as a) G • .4 0 G )4 0 al'-1'-1 0 G H a v4.G•.1 La 0 §9.8.4 The provision appears to conflict with the Hazardous EI'o H El 3 31 a 0410 U 0.I.1 0 UI 0 0 Waste Treatment and Storage Facility Ordinance (which permits the location of these facilities within an APA if certain requirements are met).. The provision may `o also conflict with the state Hazardous Waste -to Management Act. to • .-I O1 . . ,0 a • • P.23, §10.B.1 See the comment to provision 9.8.6 (Site Plan review) . Subjecting development in the H-1 zone to site plan review is even less appropriate in Aquifer protection Zone 2 than in Zone 1. Aquifer Protection Ordinance-FINAL January 30, 1992 Page 23 from the date the monitoring wasperformed. The Utility • may require the submittal of the monitoring records or a summaryata frequency that the Uti itymay establish. The written records of all monitoring performed in the past 3 years shall be shown to the Utility upon demand during any site inspection. Monitoring records shall include but not be limited to: a. The date and time of all monitoring or sampling;. b. Monitoring equipment calibration and maintenance records; • c. The results of any visual observations; d. The results of 11 sample analysis performed in the laboratory or in the field, including laboratory data sheets; e. The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test • results;and f. The results of inventory readings and reconciliations. 3. Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually monitor. SECTIONIO: REGULATIONS WHICH APPLY WITHIN ZONE2OFANAPA • A. EXISTING FACIIITIES The storage,handling, treatment,use or production of regulated substances at existing facilities shall be allowed within Zone 2 of an APA upon compliance with the provisions of this Ordinance. B. REVIEW OF PROPOSED ACITVITIFS 1. Section 9(8X1, 5, ar6)of this Ordinance,which pertain to review of -- proposed facilities in Zone 1 of an APA,also apply to Zone 2 of an APA. 2. The conversion of heating systems to fuel oil or the installation of new fuel oil heating systems in Zone 2 of the APA after the effective date of • • this Ordinance is prohibited. • 3. The following specific changes in land use and types of new facilities `E will be prohibited within Zone 2 of an APA: hazardous waste surface Alt Pp. 23-24, §10.B.3 Care should betaken that the provision is consistent with the Hazardous Waste Treatment and Storage Facility Ordinance, state law, and federal law regarding the sitting of hazardous waste treatment and storage facilities. For instance, the provision may prohibit facilities not prohibited by the Hazardous Waste Treatment and Storage Facility.Ordinance and . which cannot be prohibited' under state or federal law. See comment to §9.B.4 • Aquifer Protection Ordinance-FINAL January 30, 1992 Page 24 impoundments; waste piles (as defined in WAC 173-303 and 304); • recycling facilities that handle regulated substances; hazardous waste treatment and storage facilities; solid waste landfills; transfer stations; septic systems;and petroleum product pipelines. CO WAST h WATER DISPOSAL REQUIREMENTS 1. Any construction of a single-family residence on an existing platted lot obs. shall be required to connect to the public sanitary system if there is a \`' f\-% gravity sewer with capacity within 330 feet of the property. ,. Construction of a single-family residence on an existing platted lot shall \)•) be allowed on a septic system if gravity sanitary sewer is not available within 330 feet of the property provided that connection to the sanitary sewer shall be completed within twelve(12)months of the availability of the sewer line. The property owner will execute a temporary service agreement,to be recorded against the property,agreeing to this • requirement. Evidence of this recorded document must be provided prior to issuance to the building permit. 2. All new platted, single-family, multifamily, and commercial developments shall be required to connect to a central sanitary sewer prior to occupancy as a condition of the building permit. 3. Existing units (residential and nonresidential) within 330 feet of an existing or future gravity sanitary sewer shall be required to connect within twelve(12)months of either the passage of this ordinance or the availability of the sewer. 4. Sanitary sewers shall be constructed in accordance with prevailing American Public Works Association (APWA)standards with respect to minimum allowable infiltration and exfiltration. D. PIPELINE REQUIREMENTS If the Utility has reason to believe that the operation or proposed operation of an existing pipeline in Zone 2 of an APA may degrade groundwater quality,the Utility may require: leakage testing in accordance with Section 9(DX2)of this Ordinance; installation, sampling, and sample analysis of groundwater monitoring wells; repair of the pipeline to the satisfaction of the Utility such that degradation of groundwater quality is minimized or eliminated. Criteria for this determination is specified under Section 10(GX2)of this ordinance. E. CONSTRUCTION ACTIVITY STANDARDS Standards to be followed for any construction activity which shall be undertaken within Zone 2 of an APA for any underlying permit issued for the project shall be as specified for Zone 1 of an APA in Section (9)(E) of this Ordinance. • • §1G.G. It is not clear what this clause means or why facilities in Zone 2 be treated by the Utility as if they were in Zone �It appears to require that Zone 2 uses must meet or exceed all standards 'for Zone 1 uses, thereby eliminating any distinction between Zones 1 and 2, or making Zone 2 implicitly stricter than Zone 1. When does a facility have a potential to degrade groundwater than exceeds that of a "permitted facility" in Zone 1? The standard given is vague and will be difficult for the Utility to apply or the regulated community to follow. The provision even applies to existing facilities. If additional coverage is necessary from a hydrologic standpoint to protect the aquifer, then the boundary of Zone 1 should be adjusted. PACCAR believes that Aquifer Protection Ordinance-FINAL this provision should be deleted. If § 9.A.1 is January 30, 1992 applied, when does 10 years start? What if applied in Page 25 the 11th year - is immediate removal required? F. REQUIREMENTS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING AND NEW FACILITIES Permit requirements as part of any permit issued in Zone 2 of an APA shall be as specified for Zone 1 of an APA in Section(9XFX2 and 3)of this Ordinance. G. POTENTIAL TO DEGRADE GROUNDWATER 1. If the Utility determines that an existing or proposed facility l• • • in Zone 2 of an APA has a potential to degrade groundwater• which equals or exceeds that of a permitted facility in Zone 1 • cn the Utility may require that facility to comply with Section 9 • ' Ordinance. •C�2 1 Criteria used to make this determination k include but not be limited riNAOrJVto the present and past activities - ducted at the facility; types and lrm quantities of regulated sub • es stored, handled, treated, used or V"l \ produced; the potential the activities or regulated substances to degrade groundwat •uality, history of spills at the site, and presence of contaminatio• •n site. 3. Such •• erminations shall be subject to appeal pursuant to Section 23 of •rdinance. SECTION 11: REGULATIONS FOR EXISTING SOLID WASTE L4NDFILLS A. The Utility shall have the authority to inspect and screen any excavated dirt, soil or other material prior to placement-in a solid waste landfill if the material is suspected of containing contaminants at levels which may impact groundwater quality. The Utility may require the owner to conduct a sampling program to determine if contaminants arc present in materials prior to landfilling. B. The Utility shall require an owner of a solid waste landfill to submit a groundwater monitoring program. The program shall include: 1. Number,locations and depths of monitoring wells to be installed;and 2. Monitoring well drilling and construction methods;and - 3. Groundwater sample collection, shipment and handling procedures, -. including the frequency of sampling;and • 4. List of constituents to be analyzed,including test methods;and 5. Procedure for measuring groundwater elevation;and 6. A statistical procedure for determining whether a significant change over background has occurred;and • • Aquifer Protection Ordinance-FINAL January 30, 1992 Page 29 ,SECTION 1i: GROUNDWATER MONITORING PLAN A. If a facility is re uired to install and monitor • •undwater we pursuant to • n 1) then a roundwater Monitoring Plan will be require is There is no §8.F.1. plan must indicate procedures to be followed to assess groundwater quality for concentrations of those chemicals identified by the Utility in the Operating Permit. If a groundwater monitoring program is in effect per the requirements of 40 CFR 264 or 265,and this program includes all of the chemicals identified in the Operating Permit, then a separate Groundwater Monitoring Plan is not required by the Utility and the facility shall submit a copy of this program to the Utility. B. The Groundwater Monitoring Plan shall include provisions to address the groundwatcr monitoring requirements of Section 9(F)(1)and Section 16(D)of this Ordinance. SECTION 16: UNAUTHORIZED RELEASES' A. General Provisions All unauthorized releases shall be reported to the Utility according to the provisions of this subsection. All unauthorized releases shall be recorded in • the owner's inspection and maintenance log. Such an unauthorized release shall be determined to be an`unauthorized release requiring recording'if the release is completely captured by the containment device. If•the containment device fails to contain the entire release, the release shall be determined to be an'unauthorized release requiring reporting.' B. Unauthorized Releases Requiring Recording 1. Unauthorized releases requiring recording shall be reported to the wasC, Utility within 4,3'days after the release has been, detected. i, 2. The incident report shall be accompanied by a written record including the following information: a. list of type, quantities, and concentration of regulated substances released. b. Method of cleanup. c. Method and location of disposal of the released regulated substances. d. Method of future release prevention or repair. If this involves a change in operation, monitoring, or management, the owner must apply for a new Operating Permit. • P.29, §16.B.1. "within five days" P.29, §16.B.1 A five-day deadline is more reasonable, especially considering that releases may occur on a weekend. Also, releases cannot be reported until they are discovered. Therefore, the provision should be amended to delete "or should have been." • S • • • P.30 §16.C.1. "of discovery" §16.C.1. Again, releases cannot be reported until they are Aquifer Protection Ordinance-FINAL discovered. January 30, 1992 Page 30 c. Facility operator's name and telephone number. f. The approximate costs for cleanup to be submitted voluntarily. 3. The Utility shall review the information submitted pursuant to the report of an unauthorized release requiring recording, shall review the. Operating Permit, and may inspect the facility. The Utility shall find that the containment standards of this ordinance can continue to be achieved, or the Utility shall revoke the permit until appropriate modifications are made to allow compliance with the standards. • C. Unauthorized Releases Requiring Reporting 1. Unauthorized releases requiring reporting shall be reported to the Utility within 24 hours o e occurrence. 2. The report shall contain the following information that is known at the time of filing the report: . a. List of type, quantity,and concentration of regulated substances released. b. - The results of all investigations completed at that time to determine the extent of soil or groundwater or surface water contamination because of the release. • c. Method of cleanup implemented to date, proposed cleanup actions and approximate cost of actions taken to date. d. Method and location of disposal of the released regulated substance and any contaminated soils, groundwater, or surface water. e. Proposed method of repair or replacement of the containment device. f. Facility owners name and telephone number. 3. Until cleanup is complete, as defined by the Model Toxics Control Act Cleanup Regulation (Chapter 173-340 WAC), the owner shall submit reports to the Utility every month or at a more frequent interval specified by the Utility. The reports shall include the information requested in this Ordinance. D. Semiannually, the Utility shall review all groundwater monitoring results submitted by owners in an APA to determine if an unauthorized release to • groundwater has occurred. Either one of the following occurrences shall constitute an unauthorized release to groundwater • P.30, §16.D. The provision is probably unconstitutional. It assumes a cause from a single effect with no consider- • ation of lab error, multiple or intervening causes, or off-site sources. It places the burden of proving innocence on the facility owner. The section should be deleted in its entirety. Additional specific concerns are discussed below. At least a "statistics significant" upward trend should be required. ' • 16.E,F It will be very difficult for facility owners to locate the source of a release (particularly if of f- site) "immediately" after receiving written notice of • • a violation from the Utility. Also, why should owners not be able to substitute less dangerous regulated substances for more dangerous regulated substances? Aquifer Protection Ordinance-FINAL How will switching substances have any impact on whether a violation has occurred in the past? The January30' 1992 last sentence should be deleted. Page 31 1. A chemical concentration in an owner's monitoring well(s)that exceeds • applicable legally-enforceable federal or state groundwater quality standards. 2. An upward trend in the concentration of a chemical as determined by a statistically based procedure. E. Upon confirmation of an unauthorized release to groundwater, the owner and/or operator_ shall be responsible for immediately accomplishing the following: 1. Locate and determine the source of the unauthorized release of the regulated substance(s). 2. Stop and prevent any further unauthorized release(s), if under the control of the owner and/or operator. 3. Comply with the requirements for an unauthorized release(s)requiring reporting. F. The owner shall not be subject to this mandatory action if the owner can present acceptable technical data that substantiate it is not responsible for the violation. In complying with this subsection, no new regulated substance(s) may be introduced in the place of the regulated substance(s) that caused the violation. • G. If an unauthorized release creates or is expected to create an emergency situation with respect to the drinking water supply of the City of Renton,and if the facility owner fails to address the unauthorized release in a timely manna, the Utility or its authorized agents shall have the authority to implement • removal or remedial actions. Such actions may include, but not be limited to, the prevention of further groundwater contamination; installation of groundwater monitoring wells;collection and laboratory testing of water,soil, • and waste samples; and cleanup and disposal of regulated substances. The facility owner shall,be responsible for any costs incurred by the Utility or its authorized agents in the conduct of such remedial actions. H. Reporting a release to the Utility docs not exempt or preempt any other reporting requirements under federal,state,or local laws. • • S• S P.34, • §22.B. Only intentional violations should be subject to a fine. §22.C. Owners expenses.related to cleanups overseeneh by fe City forEcology • EPA. Aquifer Protection Ordinance-FINAL January 30, 1992 • Page 34 ( • ,SECI70N 21: OTHER LAWS RULES,AND REGULATTONS All owners within an APA must also comply with county,state,and federal laws,rules, and regulations related to the intent of this Ordinance. IJ • SECTION 22: PENALTIES • A. A violation of any of the provisions of this Ordinance shall constitute a misdemeanor and a nuisances It shall be a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed,continued,or permitted. B. Any.owner or operator who violates any provisions of this Ordinance shall be • subject, upon conviction in court, to a fine not to exceed $500 per day per ~ facility. C. In addition to any fines and penalties set forth above, the owner or operator shall reimburse the City of Renton,for all costs incurred as a result of respond- ing to, containing,cleaning up, or monitoring the cleaning up and disposal of any spilled or leaked regulated substance. SECTION 23: ADMINIST RATTVE RULE The Administrator shall adopt administrative rules for implementation that sets forth criteria relating to interpretation and enforcement of this Ordinance. SE ON24: MODIFICATIONS. WAIVERS.ALTERNATIVES. TESTS A. Modifications: .09), Whenever there are practical difficulties involved in carrying •out the provisions,of this ordinance, the Department Administrator may grant minor modificatidns for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, and that the minor modification is in conformity with the intent and purpose of this Code, and - that such modification: • 1. Will meet the objectives of environmental protection,safety, function, and maintainability intended by the Code requirements, based upon sound engineering judgment;and 2. Will not be injurious to other property(s)in the vicinity; 4 • Aquifer Protection Ordinance-FINAL January 30, 1992 Page 39 SECTION 27: EFFECTIVE DATE The effective date of this ordinance shall be 30 days after its enactment. SECTION 2& SEVERABILITY If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. PASSED BY THE CITY COUNCIL this day of ,1991. Marilyn J.Petersen,City Clerk APPROVED BY THE MAYOR this day of 1991. Earl H.Clymer,Mayor Approved as to form: Lawrence J.Warren City Attorney P.39 Miscellaneous: The Ordinance should repeal Sections I.2, IV. (D) , V. (D) , and VIII. (D) (6) , of the Hazardous Daze or ►aa: Waste Treatment and Storage Facility Ordinance that ALAPO deal with aquifer protection. BLUE BIRD BRYANT MOTORS, INC. SCHOOL • TRANSIT • CHARTER BUSES March 9, 1992 Renton City Council 200 Mill Ave . S . Renton , WA 98055 Dear City Council Members : Before adopting the Aquifer Ordinance Bryant Motors , a business in Renton for over 46 years , sees a need for the city to address the rights of its business property owners . As stated in an earlier letter , Bryant Motors will be unable to meet the current proposed ordinance requirements in 18 months following the enactment of the ordinance . If enacted, Bryant Motors will be forced to collect , through litigation , compensation from the City of Renton for relocation which could run over $2 , 500 , 000 . If the City of Renton eliminates businesses through the enact- ment of this ordinance , the city is damaging the property value and violating property rights. Forced termination , caused by the ordinance , definitely does not recognize an individual ' s rights . At this time Bryant Motors feels that the staff of the City of Renton should do an independent analysis of the costs that will be incurred if this ordinance is adopted. This analysis must include all business in Zone 1 of the aquifer. In closing we ask the city to give Bryant Motors and other businesses in Zone ! of the aquifer further consideration. Sincerely , 66/96,ak,71-- f- 1300 BRONSON WAY NO. • RENTON, WASHINGTON 98055 (206)255-3478 /1-)EL:66- te6--1,MD eX513 7v- ,lqier6 1/0t: veizloo vie; 7aie 'TV eirgor ea/7mi /62qoao--/- 1 I CITY OF REI MAR 0 4 1992 RECEIVED i"Y CLERK'S OFFICE CITY OF RENTON MEMORANDUM DATE: . March 4, 1992 TO: Kathy Keolker-Wheeler, President Renton City Council Members VIA: Mayor Clymer FROM: - tmann, Administrator Plan'in:/Building/Public Works Department STAFF CONTACT: Lys o sby, Water Quality Engineer SUBJECT: Responses to Questions from Utilities Committee regarding the Aquifer Protection Ordinance The Utilities Committee requested more information and asked several questions of staff at the February 20, 1992 meeting. Included in this response are answers to questions and additions to the ordinance to be discussed if the relocation clause for zone 1 businesses is removed from the ordinance. The following are answers to questions asked by each Utilities Committee member: Councilman Jesse Tanner: 1. Are residential properties with business offices that require a business license (such as apartment complexes) exempt from the ordinance provisions? Yes. Residential properties (single-family, apartments etc.) are exempt from the permit requirements of the Ordinance. 2. Public hearing comments by Jack Riley/Aqua Barn Ranch: Could the declining water level problems at Aqua Barn be attributed to pumpage from the City wells? No. Hydrogeologic data developed from studies completed for the City indicates that these reported impacts could not have been caused by pumping of the existing City well field. The new golf course wells have been tested but have not been pumped as production wells to this date. The deep test well east of the golf course was only pumped for testing purposes, and this testing indicates that local impacts to the deep aquifer would be experienced if the City were to pump from the deep aquifer at this location. Data from the City monitoring wells indicate that the cone of influence (drawdown) from the main City production wells (wells 1,2,3,8, and 9) does not extend up valley to Aqua Barn. 3. Public hearing comments by Ray Griffin: What threat does transport of regulated substances by the Burlington Northern Railroad present to the aquifer? What regulations or precautions govern this activity? The Interstate Commerce Commission regulates this activity. The City does not have direct control over these activities. However, the City will work with these agencies (railroad, I-405, Metro) with respect to review of operations and construction standards and they will be subject to special requirements that are • supportive of aquifer protection. 4. Public hearing comments by Ray Griffin: What regulations govern the use of pesticides and herbicides by the Renton Parks Department in the Aquifer Protection Area? The City must comply with the regulations concerning use of these regulated substances as specified in the Aquifer Protection Ordinance. The Ordinance limits the amount of nitrogen applied,as fertilizer and requires that applicators of herbicides and pesticides obtain an operating permit. 5. Public hearing comments by Ray Griffin: Why does the City not have storm drains on its property when they are required elsewhere. The City does have storm drains and must comply with the aquifer protection ordinance requirements regarding storm drains. The improvements to the storm drains along Houser Way is an example of the City's commitment to maintaining the municipal storm drainage system. 6. Public hearing comments by Ray Griffin: What would happen if a tanker truck full of chemicals overturned over the aquifer? The Fire Department would direct the initial response, with assistance from the Water Utility. The upgrades required by storm drainage provisions in the Aquifer Protection Ordinance would prevent the spill from entering the aquifer. If the spill occurred on I-405, the improvements that the City negotiated with WSDOT for the s-Curve project will keep the spill within the storm/detention system and out of the aquifer. 7. Public hearing comments by Shawn Holland, representing North American Brick Refractory Company: The Aquifer Protection Ordinance regulations pertaining to regulated substances are not scientifically justified and do not consider the relative toxicity of each substance. The de minimis concept has been used in many regulations as a simplification for both the regulated community and the implementing agency to avoid the tremendous task of establishing threshold quantities for thousands of chemicals. De minimis quantities have been used in other aquifer protection ordinances and are used similarly in Renton's ordinance. There is no comprehensive list of threshold quantities for use in groundwater protection legislation. Existing regulations contain lists and threshold quantities for certain substances. These lists do not include all those substances that need regulation to protect groundwater and the threshold quantities are determined using toxicity as a basis. Toxicity is not the only concern when determining threshold quantities for groundwater protection. "High Risk" substances to the aquifer include those that are toxic, mobile, persistent, soluble, liquid etc. Even if Renton chose to use one or several of the available lists there are certain substances that are not included on those lists(petroleum products). The Water Utility chose to use five gallons after reviewing what other municipalities had used. A five gallon threshold quantity was developed by Palm Beach County after holding 38 hearings with a group of approximately 100 people representing small and large businesses and citizens. The Water Utility evaluated the types of businesses that would not pose a substantial risk to the aquifer and estimated the quantity of regulated substance needed to operate these businesses. After this evaluation, we decided that five gallons would allow most businesses to continue to operate while others that are not compatible with aquifer protection goals would be required to obtain a permit and implement improvements to reduce the risk of their operations. 8. It would be helpful to have an inventory of regulated substances used by businesses on the Aquifer Protection Area List. The Water Utility has not received voluntary cooperation from businesses in the Aquifer Protection Area regarding lists of regulated substances or City visits to assess uses of regulated substances. Without the authority to enter private property or the cooperation of the businesses, we can't obtain this information. Councilman Schlitzer: 1. Suggested deleting Sections 9(A)(1) and (2) [relocation and closure of facilities in zone 1] of the Aquifer Protection Ordinance and replace them with alternative 1 from the issue paper (no relocation). His memo suggested that containment will provide sufficient protection in Zone 1 for 10 years, therefore containment should be adequate as permanent protection in Zone 1, and existing businesses should be allowed to remain with appropriate containment. The recommendation by the Water Utility (relocation within 10 years) was not made on the premise that secondary containment would provide adequate protection for the aquifer. The Water Utility believes that the only sure way of reducing the risk to the aquifer is to eliminate Or reduce the quantity of regulated substances used or stored over the critical aquifer recharge areas. The ten year period was selected as a compromise between the need to protect the aquifer and the economic cost of relocating several businesses. If the City does not pay relocation expenses then the businesses would need time to amortize their investments. It would be an economic hardship on businesses to provide interim secondary containment and then relocate in a short time frame without payment by the City. It is also an economic impact to water rate payers for the City to pay relocation costs on a shorter time frame. The Water Utility would prefer to have existing non-conforming facilities relocated out of the aquifer area as soon as possible, but the economics of relocation suggested a time frame of 10 years as reasonable to amortize costs. If the City Council decides to allow existing non-conforming businesses to remain in zone 1, the Water Utility would recommend that the following provisions be added into the ordinance: A. No expansion of business operation involving regulated substances. This would include prohibition on building or facilities expansion and increased use of regulated substances based on established baseline use of regulated substances at the time of permit issuance. Businesses will be required to implement a complete, on-going inventory of all regulated substances including record of purchase, sale and use. B. Monthly inspection requirement with a permit fee of$840 to cover the additional costs for a City inspector. This fee assumes an additional 24 hours of inspection time for each of approximately 40 businesses at $35 per hour. C. Grant the City right-of-entry at all reasonable times for inspection of the premises for compliance with the operating permit. D. Provision to allow the City to impose fines for violation of permit terms and conditions. Noncompliance with the provisions of the ordinance constitutes a violation of the ordinance and includes failure or refusal to obtain an operating permit, failure or refusal to comply with the provisions of the operating permit, submitting false or inaccurate information to the City, or refusal of inspection D. Annual publication of operating permit violators. F. Requirements for site improvements including: • Paving of all property subject to vehicular use or regulated substance use or storage. • Upgrade of stormwater collection and conveyance systems on site including materials upgrade, treatment(wet vaults, oil/water separators etc.), and leakage testing. G. Requirement for routine employee training sessions including information on types and quantities of regulated substances on site, monitoring and reporting requirements, emergency response plans, and operating permit conditions. Businesses can make use of training available from the Small Quantity Waste Generator program. H. Businesses shall have on site emergency collection devices such as absorbent materials, vacuum suction etc. in the event of a spill. Businesses shall establish procedures (schedule, log etc.) for monthly inspection and maintenance of emergency collection equipment. 2. The City should offer assistance to businesses regulated by the Ordinance, such as help with the preparation of regulated substance management plans, design and installation of containment devices, and explanation of the ordinance wording (including foreign language interpreters, if required) The Water Utility has served as an informational resource throughout the Ordinance development process and will continue to do so. The Water Utility has included time and dollars for individual consideration of all permit applicants in the development of the proposed program. The intent is for the Aquifer Protection Specialist to review each application and work with each applicant to accomplish compliance in the fastest and most economical manner possible. We will be finalizing public information brochures, sample outlines for the regulated substances management plan and groundwater monitoring plan, and developing permit application forms and a database. We will be working with the Fire Department to develop a joint permitting process (forms, data collection) and database. Councilman Edwards 1. Is public assistance part of the $80,000 aquifer protection program budget? Yes, the Water Utility intends to work with each applicant on an individual basis. City staff will be able to recommend containment alternatives and provide assistance in developing monitoring plans, conducting employee training, and providing information and interpretation of the Ordinance. 2. Will new businesses be allowed in Zone 1? How will they be regulated? No, new non-conforming businesses would not be allowed in Zone 1. The Water Utility will be reviewing all proposals for construction and land use changes to assure that new development in Zone 1 will comply with the provisions of the Ordinance. New uses on existing properties may slip through the cracks since the Water Utility would not be reviewing business license applications. However, the Water Utility staff will be out in the community on a regular basis inspecting facilities and a new business would be monitored or inspected, and notified if we think that they may not be in compliance with the ordinance. In addition, the Water Utility will probably have to approach some businesses that are not aware of or are avoiding complying with the Ordinance. 3. The difference between ordinance sections 6(A) and 6(B) is unclear (exemption of resale in containers less than five gallons and de minimis use). Why not OK to keep a number of unopened 5-gallon containers plus only one open 5-gallon container? The Water Utility believes that the greatest potential for contamination of the aquifer from an accidental spill of a regulated substance occurs at the time of or after a product is opened or is being used. By exempting regulated substances in unopened containers less than five gallons that are used for resale, the Water Utility has tried to differentiate between the risks of using a substance and having a substance on site in its original unopened container. The intent is not to regulate every store in the Aquifer Protection Area. If sales activities were not exempt, most stores (grocery, drug, mini-mart etc.) would be regulated and it is clear that these types of activities do not pose the same risk to the aquifer as an auto repair shop, dry cleaners, or gas station. 4. Why not phase the relocation over time with incentives at the beginning of the period? Relocation of businesses in Zone 1 could be phased over time by offering to pay a greater portion of relocation costs in the first few years and then reducing this amount as time passes. We could offer to pay up to $50,000 in relocation costs if a business moved within one year; $30,000 if they moved within the second year; and $15,000 if they moved within the third year. It is difficult to estimate the costs to the City under this scenario because we don't know how many businesses would take advantage of the offer. Assuming that half of the 40 potential businesses (moderate to high risk ) moved within the first year, it would cost the City one million dollars ($0.33 per 100 cu ft for one year; or approximately $7.25 per month increase in the meter charge for one year). Assuming that 10 businesses relocated in each of the next two years the associated relocation costs paid by the City would be $300,000 (second year) and $150,000 (third year). The second year relocation costs result in water fee increases of $0.10 per 100 cu ft for one year or $2.20 per month increase in the meter charge for one year. The third year relocation costs result in water fee increases of $0.05 per 100 cu ft for one year or $1.10 per month increase in the meter charge for one year. 5. What is the possibility of obtaining insurance for the event that the water supply becomes contaminated and a treatment plant is required? Such coverage is generally not available and obtaining a meaningful quote would be difficult. Sample Ordinance Language-No Relocation Clause Section 2. Amendment of Existing Ordinances of the City of Renton ADD C. Ordinance No. 4260, Title V, Chapter 1 Chapter 1, Fee schedule, of title V(Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended as follows: Section 5-1-2.C.1.B. Aquifer Protection Area Permit Fees Zone 1 of Aquifer Protection Area: $840.00 per year. Section 9. Regulations Which Apply Within Zone 1 of an APA A. Removal of Existing Facilities. DELETE B. Review of Proposed Activities ADD 7. In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the quantities of regulated substances stored, handled, treated, used, or produced in excess of quantities reported in the initial Aquifer Protection Area Operating Permit. ADD 8. As a condition of the business license for a facility in Zone 1 of an APA, application for a change in business use must include notification to the Water Utility of any change in the type and quantity of regulated substances that are used, stored, treated, or handled at the facility. F. Requirements for Aquifer Protection Area Operating Permits Issued to Existing Facilities 2. Containment ADD f. In Zone 1 of an APA, the following shall be prohibited within any areas used for containment of regulated substances: floor drains, catchbasins, or other conveyance piping that does not discharge into a containment device that meets the requirements of this ordinance. Any existing conveyance piping that is prohibited by this paragraph shall be abandoned by sealing and decommissioning using procedures and designs approved by the Water Utility. 3. Regulated Substance Monitoring Requirements for Existing Facilities ADD c. For facilities located in Zonel of an APA, a responsible person designated by the permittee shall check on every day of operation for breakage or leakage of any container holding regulated substances. Electronic sensing devices approved by the Water Utility may be employed as part of the inspection process, provided that the system is checked daily for malfunctions. Monitoring records shall be kept and made available to the Water Utility at all reasonable times for examination. ADD 4. Emergency Collection Devices - For facilities located in Zone 1 of an APA, vacuum suction devices, absorbent scavenger materials, or other devices approved by the Water utility shall be p[-resent on site or available within an hour by contract with a cleanup company approved by the Water Utility, in sufficient quantity so as to control and collect the total quantity of regulated substances plus absorbent material. The presence of such emergency collection devices shall be certified in the Operating Permit. ADD 5. Maintenance of Containment and Emergency Equipment For facilities located in Zonel of an APA, procedures shall be established for monthly in-house inspection and maintenance of containment and emergency equipment. Such procedure shall be in writing; a regular checklist and schedule of maintenance shall be established, and a log shall be kept of inspections and maintenance. Such logs and records shall be made available to the Water Utility at all reasonable times for examination. ADD 6. Site Improvements a. The owner/operator shall pave all currently unpaved areas of their facility that are subject to any vehicular use or storage, use, handling, or production of regulated substances. b. The owner/operator shall evaluate and upgrade the existing stormwater collection and conveyance system to meet the ordinance requirements (Section 2.D and Section 9.D). ADD 7. Inventory of Regulated Substances Owners/operators of all facilities shall keep and maintain an inventory of all regulated substances on site to include recording of all purchases, sales and use. This inventory shall be kept on site for three years and made available to the Water Utility at all reasonable times for inspection. ADD 8. Employee Training Operators of all facilities shall schedule training for all employees twice per year to explain the conditions of the Operating Permit such as emergency response procedures, monitoring and reporting requirements, record keeping requirements, and the types and quantities of regulated substances on site. These training sessions will be documented and recorded and those in attendance will be recorded. These records shall be made available to the Water Utility at all reasonable times for inspection. Section 18. Enforcement ADD All permitted facilities in zone 1 of the Aquifer Protection Area will be subject to monthly inspections by a Water Utility inspector to determine compliance with the provisions of the Ordinance. All permitted facilities in zone 2 will be subject to annual inspections by a Water Utility inspector. Section 22. Penalties ADD D. The names of all facilities and their owners/operators that have violated provisions of this Ordinance will be published in a local newspaper on an annual or more frequent basis. 92-176/LLH/bh February 24. 1992 Renton City Council Minutes Page 92 Finance Committee Finance Committee Chairman Mathews presented a report recommending Vouchers approval of payment claims checks #87353 through 87818 and two wire transfers totaling $848,052.26, and payroll vouchers #106207 through 106566, and 275 direct deposits, in the amount of $877,559.39. MOVED BY MATHEWS, SECONDED BY TANNER, COUNCIL CONCUR IN APPROVAL OF THE VOUCHERS. CARRIED. Community Services Community Services Committee Chairman Nelson presented the following Committee Committee reports: Parks: Parking Referred 7/15/91 - The Community Services Committee recommended Permits for Renton that the City Council not make any changes in current parking Citizens, Coulon Park arrangements at Coulon Beach Park. MOVED BY NELSON, SECONDED BY STREDICKE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Appointment Park Referred 2/17/92 - The Community Services Committee recommended Board that the Council appoint Mr. Robert Larsen, 2009 Jones Circle SE, Renton, 98055, to comn!ete the unexpired four-year term of Mr. Charlie Delaurenti who resigned on 1/1/92; term to expire on 6/1/93. The Committee reported further that the Park Board considered eight candidates for the vacancy, and felt that Mr. Larsen was the most appropriate candidate in view of present needs. MOVED BY NELSON, SECONDED BY STREDICKE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Parks and Recreation Director Sam Chastain introduced Mr. Larsen, noting that he has been in the community for 34 years and is retired from the Renton School District. Mr. Chastain said that the Park Board feels that Mr. Larsen can provide knowledge that will enhance the Board activities. Utilities Committee Utilities Committee Chairman Tanner reported that the Aquifer Utility: A uifer Protection Ordinance is being held in Committee for further study. Protection Ordinance Utilities Committee Chairman Tanner presented the following Committee reports: Utility: Ryan Referred 12/9/91 - The Utilities Committee recommended concurrence Properties, Inc. - with staffs recommendation that Council not approve the request of Ryan Water & Sewer Properties, Inc. for connection of the Arlindale addition, Union Avenue Connection, Arlindale NE and NE 10th Street (Lots 1 and 3 through 7), to Renton water and Addition, Union Ave. sewer systems prior to completion of the proposed Senescu Annexation. NE & NE 10th This recommendation would allow for the City to ensure the logical extension of sewer service and that the applicant meets all City codes and regulations at the time of development. MOVED BY TANNER, SECONDED BY STREDICKE, COUNCIL ADOPT THE COMMITTEE REPORT AS SUBMITTED. CARRIED. Release of Easement Referred 1/27/92 - The Utilities Committee recommended concurrence Sewer Service, with the staff and Board of Public Works recommendation regarding the Riviera Apartments release of service easements for the Riviera Apartments, located between Maple Valley Highway and the Cedar River, east of the 1-405 interchange, as follows: CITY OF !TON FEB '� 3 1992 GIN CLERKS OFFICE CITY OF RENTON MEMORANDUM DATE: February 11, 1992 • TO: Kathy Keolker-Wheeler, President Renton City Council Members VIA: Mayor Cly r FROM: Ly mann,Administrator P nni /Building/Public Works Department STAFF CONTACT:. Lys Hornsby,Water Quality Engineer SUBJECT: Additional Information on Aquifer Protection Ordinance The conclusions presented at the public hearing on the Aquifer Protection Ordinance on February 10, 1992 included statements as follows: o Alternative supply sources are being investigated, but today there is no reasonable available source of water supply. It is cheaper to protect the aquifer than develop an alternative.water supply. o It is cheaper to protect the aquifer that clean up a contaminated aquifer. o It is cheaper to protect the aquifer than treat the water to drinking water standards. Additional information has been prepared to compare these costs to the costs of the aquifer protection program. These additional issue papers are attached for your information. CITY OF RENTON PROPOSED AQUIFER PROTECTION ORDINANCE ISSUE PAPER ALTERNATIVE TO RELOCATION CLAUSE Instead of requiring businesses in Zone 1 of the APA to relocate if they can't comply with the deminimis quantity, the City could acquire property rights or an easement from the business and purchase their right to handle regulated substances on their parcel. The City would then have control over those parcels and the use of regulated substances over the aquifer. To make an estimate of the costs for such an easement or property right, we have made the following assumptions: Of the 500 acres in Aquifer Protection Area Zone 1 approximately 45% or 225 acres are zoned commercial or heavy industrial. Commercial or industrially zoned land in-APA zone 1 is valued at an average of $10 per square foot An easement or property right to limit land use (i.e. regulated substances) is valued at 10 to 15%of the land value (or$1.00 to$1.50 per square foot). Therefore, it would cost the City approximately$9.8 to $14.7 million to purchase the easements over the commercial and industrially zoned property in Zone 1. The commodity charge to pay for these easements over a one year period would be $3.25 to $4.87 per 100 cubic feet of water,for a one year period. The average residential usage is 750 cubic feet per month,therefore,the average additional annual cost would be$292 to$438. CITY OF RENTON PROPOSED AQUIFER PROTECTION ORDINANCE ISSUE PAPER ISSUE: The proposed Aquifer Protection Ordinance will impose land use controls as one action to prevent contamination of the aquifer by regulated substances. This paper presents a discussion of the alternative of not imposing land use controls ("do nothing" alternative), thereby accepting the risk of using regulated substances in the aquifer area. Under this alternative, the City would not take any kind of proactive measures to protect the aquifer. We would simply continue as usual and accept the risk of the aquifer becoming contaminated. In order to fully analyze this alternative, one can compare the costs of measures to mitigate a contamination event versus the costs of efforts to protect the aquifer. There are basically two options that the City could pursue if the aquifer were contaminated: 1. Build a treatment plant and treat the water to drinking water standards, or 2. Obtain water from another source These two options will be compared to the costs of aquifer protection which includes: 1. Annual cost of the aquifer protection program (approximately$80,000), and 2. Potential reduction in revenue from relocation of businesses COSTS OF MITIGATION 1. If the aquifer were contaminated, the City could build a treatment plant to treat water to drinking water standards. Advanced, very sophisticated treatment would be necessary in order to be assured that the plant could treat any one of the potential contaminants presently used over the aquifer. The Cost to build a treatment plant of this type would be approximately $1 million dollars per MGD or $16.4 million dollars to treat the water volume up to the existing City water rights (approximately 16.4 MGD for wells 1,2,3,8 and 9). The operation and maintenance costs for a plant of this type is estimated to be several hundred thousand dollars per year. These estimates do not include the costs of land or any major system improvements that may be required to transport the untreated water to the plant and treated water into the distribution system. These additional costs could amount to approximately 50 to 100% of the plant costs or an additional $8.2 to$16.4 million dollars. These cost estimates do not include the operation and maintenance costs which could be as high as $300,000 to $500,000 per year. It should be noted that a treatment plant of this type would take several years to plan, design and construct (five plus years) even under emergency conditions. Title January 29, 1992 Page 2 2. The City could pursue a new water supply to replace the contaminated aquifer. The City recently completed a survey of regional water supply alternatives and the following is a summary of the costs for various potential new supplies that have been studied by other agencies. Ave Annual Project Cost Annual Supply Yield (MGD)* per MGD* O&M Cost Morse Lake Pumping 44 $3,103,370 $1,538,075 N. Fork Tolt River 55 $4,531,313 $3,012,000 Skagit River Ph. I 100 $5,804705 $17,414,114 N. Bend Groundwater 35 $2,582,728 $1,355,932 Sultan River/Everett Intertie 25 $4,645,504 $1,742,064 Tacoma Pipeline No. 5 47 $4,014,983 $1,887,000 *MGD is millions of gallons per day The City water system currently operates at an average annual demand of 7 MGD with a peak of 13 MGD. The costs above are the price per MGD. To estimate the cost to replace Renton's water supply, one would have to multiply these costs by approximately 16 (the existing water rights for the downtown aquifer). The cost of a new water supply is very expensive. In addition,it takes many years (ten or more)to develop a new source and bring it on line. The top three alternative water supplies are being considered by Seattle. To obtain water from Seattle would require an agreement. Since Seattle does not have sufficient supply for its existing customers, Renton may have to buy into Seattle's selected expansion alternative. Development of the North Bend Groundwater supply is years away and would require a pipeline into Renton. Tacoma Pipeline No. 5 would require a purveyor agreement with Tacoma, possible purchase of part of the system and a new pipeline into Renton. COSTS OF AQUIFER PROTECTION The cost of the aquifer protection program (operating permits, inspection and plan review) as proposed in the aquifer protection ordinance has been estimated at$80,000. In addition to this cost, there may be reduced tax revenue from businesses in Zone 1 that choose to relocate outside the City. As a worst case, if we assume that all 36 businesses in Zone 1 that may have difficulty complying with the ordinance have to relocate, and they relocate outside the City, the City would suffer an annual revenue loss of $1.1 million (sales tax, license fees, and velocity of money). However, these businesses would be replaced by new businesses that could comply with the ordinance thus, this revenue loss would be temporary. Also, all relocated businesses will not move outside the City. APO FACT SHEET WATER DEMAND Current water demand is 7 million gallons per day (MGD) with a peak day of 13 MGD (from 1991 records). Estimated demand at growth saturation is 15MGD average day and 41 MGD peak day (from Comp. Plan). Currently, the City has an existing on-line pumping capacity of approximately 20.9 MGD and water rights for 19.7 MGD (includes wells 1,2,3,8,9,5A, and Springbrook Springs). The City is currently seeking water rights of 2500 gpm each for wells 11 and 17. Assuming that these water rights are granted, the City would have a total water right of approximately 27 MGD. COSTS OF RELOCATION Alternative 2a - Relocation clause with City paying full relocation costs estimated at $50,000 per business. Total cost is $1,000,000 or $350,000 each year for three years. Cost per 100 cubic feet: Cost for three years: $350,000 /301.6 million cubic feet annual consumption *100 = $0.12 per 100 cubic feet If paid at once: $1 million /301.6 million cubic feet* 100 = $0.33 per 100 cubic feet Alternative 2b - Relocation clause with City paying partial relocation costs ($25,000 per business). Total cost is estimated at $275,000 or $55,000 per year for five years. Cost per 100 cubic feet: Cost for five years: $55,000/301.6 million cubic feet annual consumption *100 = $0.02 per 100 cubic feet If paid at once: $275,000/301.6 million cubic feet*100 = $0.09 per 100 cubic feet COST OF SEATTLE WATER The 1992 wholesale water rates for new water from Seattle are $0.74 per 100 cubic feet in the winter (September through May) and $0.893 per 100 cubic feet for summer (June through August). There are asiso demand charges for deficiencies in purveyor's storage capacity. During any 24 hour period that water demanc exceeds 1.3 times the average demand, there is a charge of $15.43 per 1000 gallons of storage deficiency. AQUIFER COST OF TREATMENT COST OF RELOCATION COST OF PROPERTY PROTECTION New treatment facility for RIGHT ACQUISITION Wells 1, 2, 3, 8 and 9 Capacity of wells = 16.4 MGD water used (ccf in 1990) 3,016,000 3,016,000 3,016,000 3,016,000 3,016,000 3,016,000 3,016,000 Aquifer Protection Water Treatment Cost Relocation Relocation Easement Acquisition Program Low Range High Range Full Benefits Lim. Benefits Low High cost (principal) $80,000 $24,600,000 $32,800,000 $350,000 $55,000 $9,800,000 $14,700,000 bond sale @ 2.5% $615,000 $820,000 interest rate on bonds 7.00% 7.00% term of bond issue (years) 20 20 Duration of Program Annual 3 - years 5 - years 1 - year 1 - year annual payback amount $80,000 $2,380,118 $3,173,490 $350,000 $55,000 $9,800,000 $14,700,000 water rate (per ccf) $0.027 $0.79 $1.05 $0.116 $0.018 $3.249 $4.874 Ave. Ann. Resident Cost $2.39 $71.02 $94.70 $10.44 $1.64 $292.44 $438.66 A ' Amends ura NO. ,i1/4, 3//3, 32571, _ 4186, 4269, 4336 meed akt ;ITY OF RENTON,WASHINGTON c[03 4L18al, 4504 ORDINANCE NO. 4367 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE IV (BUILDING REGULATIONS), TITLE V (FINANCE AND BUSINESS REGULATIONS), AND TITLE VIII (HEALTH & SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" RELATING TO THE PROTECTION OF THE AQUIFER AS FOLLOWS: 1. Section 4-6-22.E.3 of Chapter 6,Title N 2. Section 4-22-3 of Chapter 22, Title IV 3. Section 4-22-8 of Chapter 22,Title N 4. Section 4-31-11.D of Chapter 31,Title N 5. Section 4-31-33.B.1 of Chapter 31,Title N 6. Chapter 5 of Title V by adding section 5-5-5 7. Chapter 5 of Title VIII by adding section 8-5-22 8. Title VIII by adding Chapter 8, Aquifer Protection. SECTION I. Section 4-6-22.E.3 of Chapter 6, Environmental Ordinance (SEPA.), of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: 4-6-22.E.3: The City adopts by reference the policies in the following City Codes, ordinances, resolutions, and plans as they currently appear and as hereafter amended: a. 1976 -Planning Commission b. 1976 -Cedar River Master Plan c. 1978 -Airport Master Plan d. 1980 - Southeast Renton Plan e. 1981 -Northeast Renton Plan f. 1981 -Policies Element/Comprehensive Plan g. 1983 -Comprehensive Solid Waste Management Plan h. 1983 - Shoreline Management Plan i. 1983 -Central Renton Plan j. 1984 -Comprehensive Water Plan k. 1984 - Comprehensive Sewer Plan 1. 1984 - Comprehensive Park and Recreation Plan m. 1984 -Green River Valley Plan n. Six-year Street Plan o. City of Renton Zoning Code ORDINANCE NO. 4367 p. Uniform Building Code q. Uniform Fire Code r. Uniform Mechanical Code s. Street Arterial Plan t. Uniform Electrical Code u. State Energy Code v. The Aquifer Protection Ordinance SECTION II. Section 4-22-3 of Chapter 22, Storm and Surface Water Drainage, of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: 4-22-3: DEFINITIONS: Unless the context specifically indicates otherwise, the meaning of terms used in this section shall be as follows: ADMINISTRATOR shall mean the Administrator of the Department of Planning/Building/Public Works of the city of Renton, or any successor office with responsibility for management of the Public Properties within the City of Renton,or his/her designee. CHEMICALS: "Chemicals" means all "Regulated Substances" as defined by the City of Renton in the Aquifer Protection Ordinance. COMPUTATION: Calculations, including coefficient and other pertinent data, made to determine the drainage plan with rate of flow of water given in cubic feet per second(cfs). DEPARTMENT: The Planning/Building/Public Works Department of the City of Renton. DETENTION/RETENTION FACILITIES: Facilities designed either to hold runoff for a short period of time and then releasing it to the point of discharge at a controlled rate or to hold water for a considerable length of time and then consuming it by evaporation,plants or infiltration into the ground. DEVELOPMENT COVERAGE: All developed surface areas within the subject property including but not limited to roof tops, concrete or asphalt paved driveways, carports, accessory buildings and parking areas. DIRECTOR: See Administrator. 2 t � ORDINANCE NO. 4367 DRAINAGE AREA: The total area whose drainage water flows to and across the subject property. DRAINAGE PLAN: The plan for receiving, handling, transporting surface water within the subject property. PEAK DISCHARGE: The maximum surface water runoff rate (cfs) at point of discharge, determined from the design storm frequency. RECEIVING BODIES OF WATER: Creeks, streams, rivers, lakes, storm sewers, wetlands and other bodies of water into which surface waters are directed, either naturally or in manmade ditches or open and closed system. STORM SEWER AND STORM DRAIN: A sewer which carries storm surface water, subsurface water and drainage. SUBJECT PROPERTY: The tract of land which is the subject of the permit and/or approval action. SECTION III. Section 4-22-8 of Chapter 22, Storm and Surface Water Drainage, of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: 4-22-8: DRAINAGE PLAN REQUIREMENTS AND METHODS OF ANALYSIS: A. All persons applying for any of the permits and/or approvals contained in Section 4-22-5 of this Ordinance shall provide a drainage plan for surface water flows entering, flowing within and leaving the subject property. The drainage plan and supportive calculation report(s) shall be stamped by a professional civil engineer registered in the State of Washington. The drainage plan shall be prepared in conformance with the Core and Special Requirements contained in section 1.2 and 1.3 of Chapter 1, the hydrologic analysis methods contained in Chapter 3, the hydraulic analysis and design criteria in Chapter 4, and the erosion/sedimentation control plan and practices contained in Chapter 5 of the current King County Surface Water Design Manual, except where amended or appended by the Department. B. Special Requirement#13: Aquifer Recharge and Protection Areas. 3 ORDINANCE NO. 4367 1. Threshold. IF a proposed project lies within an Aquifer Recharge and/or Protection Area as defined and designed by City ordinance and as indicated on the Aquifer Recharge and Protection Map at the City permit counter. 2. Requirement. THEN the proposed project drainage review and engineering plans shall be prepared in accordance with the special requirements, methods of analysis and design standards that have been adopted for Aquifer Recharge and Protection Areas by City ordinance. C. Chapter 1 of the King County Surface Water Design Manual which has been incorporated in the Renton City Code by reference is hereby amended to read as follows: 1. Section 1.2.1 CORE REQUIREMENT # 1: DISCHARGE AT THE NATURAL LOCATION, as follows: Add at end of existing section: Requirements that apply within Zones 1 and 2 of an Aquifer Protection Area: Surface and storm water runoff from a proposed project that proposes to construct new, or modify existing drainage facilities must be discharged at the natural location so as not to be diverted onto, or away from, the adjacent downstream property, except that surface and storm runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals should be discharged at the location and in the manner which will provide the most protection to the aquifer, as directed and approved by the Storm Water Utility and the Water Utility. Discharge from the project must produce no significant adverse impact to the downhill property. Where no conveyance system exists at the adjacent downstream property line or other acceptable location and the discharge was previously unconcentrated flow,the runoff must: a. Be conveyed across the downstream properties to an acceptable discharge point (see Core Requirement #2: OFFSITE ANALYSIS in Section 1.2.2), with drainage easements secured from the downstream owners and recorded at the King County Office of Records and Elections prior to drainage plan approval, OR b. Be discharged onto a rock pad shaped in a manner so as to disperse flow (see Figure 4.3.5I) if the runoff is less than 0.2 cfs peak runoff rate for the 100- year, 24-hour duration design stormevent existing site conditions. 4 L L ORDINANCE NO. 4367 2. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT# 3: RUNOFF CONTROL, "Biofiltration," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: Proposed project runoff resulting from more than five thousand square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall not be treated prior to discharge from the project site by on-site biofiltration measures but shall instead be treated by a wetvault meeting the design criteria contained in Section 1.3.5 SPECIAL REQUIREMENT # 5: SPECIAL WATER QUALITY CONTROLS, and then a coalescing plate oil/water separator meeting the design criteria contained in Section 1.3.6 SPECIAL REQUIREMENT# 6: COALESCING PLATE OIL WATER SEPARATORS: Note, storm detention (if needed) must occur prior to these water quality facilities, the water surface area and volume contained in the coalescing plate oil separator shall be creditable towards meeting the size requirement of the last cell in the upstream wetvault. Requirements for Zone 2 of an Aquifer Protection Area:. Proposed project runoff resulting from more than five thousand square feet of impervious surface, and subject to vehicular use or storage of.chemicals, shall be treated prior to discharge from the project site by on-site biofiltration measures as described in Section 4.6.3 in Chapter 4 of the King County Surface Water Design Manual. All biofiltration facilities must be lined using the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. The biofiltration design flow rate shall be based on the peak rate of runoff for the 2-year, 24-hour duration design storm event total precipitation. Note, biofiltration facilities installed following peak rate runoff control facilities may be sized to treat the allowable release rate (pre-developed) for the 2-year 24-hour duration design storm event for the peak rate runoff control facility. Biofiltration facilities installed prior to peak rate runoff control facilities shall be sized based on the developed conditions with the design flow rate being the peak rate of runoff resulting from the water quality design storm event as described in Section 1.3.5, Special Requirement#5: SPECIAL WATER QUALITY CONTROLS. 3. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT# 3 RUNOFF CONTROL, "Detention Facilities," as follows: 5 i + ORDINANCE NO. 4367 Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new detention ponds to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. 4. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT# 3 RUNOFF CONTROL, " Runoff Control," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new detention ponds to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. 5. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT# 3: RUNOFF CONTROL, "Infiltration Facilities," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new infiltration facilities to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. 6. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.4 CORE REQUIREMENT # 4: CONVEYANCE SYSTEM, "(4) For new drainage ditches or channels," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: New drainage ditches or channels shall not be employed to convey the runoff resulting from impervious surface that is subject to vehicular use or storage of chemicals. Requirements for Zone 2 of an Aquifer Protection Area: New drainage ditches or channels shall only be employed when a pipe system is not feasible. New drainage ditches or channels shall be lined using the design criteria, and existing drainage ditches or channels reconstructed, to convey the peak runoff from the 25 year design storm using the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. 6 ORDINANCE NO. 4367 and the Methods of Analysis described in Section 4.3.7 in Chapter 4 of the King County Surface Water Design Manual with a freeboard to overflow of 0.5 feet. In addition, new drainage ditches or channels must be demonstrated to convey the peak runoff from the 100-year design storm without overtopping. 7. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.4 CORE REQUIREMENT#4: CONVEYANCE SYSTEM, "Composition," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: New conveyance systems shall be constructed in accordance with the Pipeline Requirements specified in Section 8-8-6.D of the Aquifer Protection Ordinance. Proposed projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or storage of chemicals. Said impervious surface shall be provided with the proper catch basins and a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. Requirements for Zone 2 of an Aquifer Protection Area: Proposed projects shall provide an impervious surface for all neww or existing areas that will be subject to vehicular use or storage of chemicals. Said impervious surface shall be provided with the proper catch basins and a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. 8. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT# 5: SPECIAL WATER QUALITY CONTROLS as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area Threshold IF a proposed project will discharge runoff from more than five thousand square feet of impervious surface that will be subject to vehicular use or storage of chemicals. Requirement THEN a wetvault meeting the standards described above shall be employed to treat a project's runoff prior to treatment by the coalescing plate oil/water separator and discharge from the 7 y , ORDINANCE NO. 41h7 project site. New or existing retrofitted wetvaults and appurtenances shall meet the Pipeline Requirements specified in Section 8-8-6.D of the Aquifer Protection Ordinance. 9. Amend:Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5.SPECIAL REQUIREMENT# 5: SPECIAL WATER QUALITY CONTROLS as follows: Requirements for Zone 2 of an Aquifer Protection Area: Threshold IF a proposed project will construct more than one acre of impervious surface that will be subject to vehicular use or storage of chemicals and: a. Proposes direct discharge of runoff to a regional facility, receiving water, lake, wetland, or closed depression without on-site peak rate runoff control; OR b. The runoff from the project will discharge into a Type 1 or 2 stream, or Type 1 wetland,within one mile form the project site; OR c. An infiltration facility will be used to provide the peak rate runoff control for site sub-basin areas with more than one acre of new or existing impervious surface that will be subject to vehicular use or storage of chemicals. Requirement THEN a wetpond meeting the standards described above shall be employed to treat a project's runoff prior to discharge from the site. A wetvault or water quality swale, as described above, may be used when a wetpond is not feasible. 10. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT # 6: COALESCING PLATE OIL/WATER SEPARATORS as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: Threshold IF a proposed project will discharge runoff from more than five thousand square feet of impervious surface that will be subject to vehicular use or storage of chemicals... Requirement 8 ORDINANCE NO. 4367 THEN a coalescing plate, or equivalent, oil/water separator (as described above) shall be employed to treat this runoff following wetvault treatment and storm detention and discharge from the project site. SECTION IV. Section 4-31-11.D of Chapter 31, Zoning Code, of Title IV (Building Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby deleted. SECTION V. Section 4-31-33.B.1 of Chapter 31, Zoning Code, of Title IV (Building Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: 4-31-33.B.1: For all development in the Manufacturing Park (M-P), Office Park(O-P), Public Use(P-1), and Business (B-1)Zones and the R-1-5, R-2, R-3 and R-4 Residential Zones, all development with the Valley Planning Area, and for all hazardous waste treatment and storage facilities. For all development in the Light Industrial (L-1) and Heavy Industrial (H-1) Zones that fall within Zone 1 or Zone 2 of an Aquifer Protection Area. SECTION VI. Chapter 5, Business Licenses, of Title V (Finance and Business Regulations), of Ordinance No. 4620 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding the following section: 5-5-5: Requirements for Business License Applications within an Aquifer Protection Area: All applications for business licenses within a designated Aquifer Protection Area (Zones 1 and 2) shall be required to include an inventory of regulated substances to be used on site. This inventory shall be on a form provided by the City and include type, quantity and form of regulated substances. The Water Utility shall review these inventories prior to issuance of the business license. SECTION VII. Chapter 5, Sewers, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding the following section: 8-5-22: REQUIREMENTS THAT APPLY WITHIN ZONES 1 AND 2 OF AN AQUIFER PROTECTION AREA: 9 ORDINANCE NO. 4367 For properties located in Zone 1 of an Aquifer Protection Area, additional requirements pertaining to sewers are specified in the following sections of the Aquifer Protection Ordinance: Section 8-8-6.C, Wastewater Disposal Requirements; Section 8-8-6.D, Pipeline Requirements; and Section 8-8- 6.E, Construction Activity Standards. For properties located in Zone 2 of an Aquifer Protection Area, additional requirements pertaining to sewers are specified in the following sections of the Aquifer Protection Ordinance: Section 8-8-7.B, Review of Proposed Facilities; Section 8-8-7.C,Wastewater Disposal Requirements; Section 8- 8-7.D, Pipeline Requirements; and Section 8-8-7.E, Construction Activity Standards; and Section 8-8- 7.G, Potential to Degrade Groundwater. SECTION VIII. Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding the following Chapter: CHAPTER 8 AQUIFER PROTECTION SECTION: 8-8-1: Purpose and Intent 8-8-2: Definitions 8-8-3: Applicability 8-8-4: Provisions for Certain Regulated Substances Used in the Aquifer Protection Area 8-8-5: Aquifer Protection Areas and Zones 8-8-6: Regulations Which Apply Within Zone 1 of an APA 8-8-7: Regulations Which Apply Within Zone 2 of an APA 8-8-8: Regulations for Existing Solid Waste Landfills 8-8-9: Aquifer Protection Area Permits 8-8-10: Operating Permit Conditions 8-8-11: Regulated Substances Management Plan 8-8-12: Groundwater Monitoring Plan 8-8-13: Unauthorized Releases 8-8-14: Closure Permits and Permit Conditions 8-8-15: Enforcement 8-8-16: Notice of Violation 8-8-17: Injunctive Relief 8-8-18: Other Laws, Rules, and Regulations 8-8-19: Penalties 8-8-20: Administrative Rule . 8-8-21: Modifications,Waivers, Alternatives,Tests 8-8-22: Appeals 8-8-23: Aquifer Protection Variance Procedures 8-8-24: Effective Date 8-8-25: Severability. 10 ORDINANCE NO. 4367 8-8-1: PURPOSE AND INTENT: A. PURPOSE. The purpose of this Ordinance is to protect aquifers used as potable water supply sources by the City of Renton from contamination by regulated substances. This Ordinance establishes regulations for land uses within Aquifer Protection Areas; construction, inspection and monitoring standards for new and existing regulated substance facilities; uniform standards for release reporting, emergency response, substance management planning, closure and abandonments, and enforcement; and permit procedures. B. INTENT. It is the intent of this Ordinance to provide a method: 1. To protect the groundwater resources of the City of Renton. 2. To provide a means of regulating specific land uses within Aquifer Protection Areas. 3. To provide a means of establishing safe construction practices for projects built within an Aquifer Protection Area. 4. To protect the City of Renton's drinking water supply from impacts by facilities that store, handle, treat, use, or produce substances that pose a hazard to groundwater quality. 5. To protect public health and the environment by implementing the State Environmental Policy Act(RCW 43.21.C). C. OTHER SOURCES OF AUTHORITY. 1. Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency are established by State and Federal laws and are not covered by this Ordinance. 2. The Generic Regulated Substances List attached and incorporated as Exhibit 1 to this Ordinance is provided for informational purposes. Persons that store, handle, treat, use, or produce a substance on the Generic Regulated Substances List may be storing, handling, using, or producing a Regulated Substance as defined by this Ordinance and, therefore,may be subject to the requirements of this Ordinance. 3. In addition to the provisions of this Ordinance, all underground storage facilities shall meet all applicable provisions and requirements of Title VII, Chapter 2, Underground Storage and Secondary Containment Ordinance, of the Code of the City of Renton. 4. In addition to the provisions of this Ordinance, all hazardous substance facilities and installations shall meet all applicable provisions and requirements of Articles 80 of the Uniform Fire code, and City of Renton Ordinance No. 4186, Zoning Requirements for Hazardous Waste Treatment and Storage Facilities. D. RE-EVALUATION. The provisions of this Ordinance will be re-evaluated by the City Council after July 1, 1993 to determine whether the Ordinance is meeting the goal of effective aquifer protection. This review period will allow staff to compile and assess regulated substance data submitted in operating permitapplications for Aquifer Protection Area Zone 1. 11 ORDINANCE NO. 4367 8-8-2: DEFINITIONS: A. ADMINISTRATOR shall mean the Administrator of the Department of Planning/Building/Public Works of the City of Renton, or any successor office with responsibility for management of the Public Properties within the City of Renton, or his/her designee. B. AQUIFER shall mean a groundwater-bearing geologic formation or formations that contain enough saturated permeable material to yield significant quantities of water to wells. C. AQUIFER PROTECTION AREA (APA) shall be the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City of Renton, as defined in Exhibit 2 to this Ordinance. D. AQUIFER PROTECTION AREA PERMIT shall mean an authorization by the Utility for a person to store, handle, treat, use or produce a regulated substance within an APA. The two types of permits that will be issued pursuant to this Ordinance are an Operating Permit and a Closure Permit. E. AQUIFER PROTECTION ZONES are zones of an APA designated to provide graduated levels of aquifer protection. Each APA may be subdivided into two aquifer protection zones: 1. Zone 1: The land area situated between a well or well field owned by the City of Renton and the 365-day groundwater travel time contour. 2. Zone 2: The land area situated between the 365-day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City of Renton. 3. Protected APA designated Zone 2: If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata, the City of Renton may choose not to subdivide an APA into two zones. In such a case, the entire APA will be designated as Zone 2. F. CONSTRUCTION ACTIVITY means construction and all activities associated with construction,to include,but not be limited to, mining; grading; landfilling; excavating; and repair and maintenance of structures, equipment, and other appurtenances. G. CONTAINMENT DEVICE means a device that is designed to contain an unauthorized release, retain it for cleanup, and prevent released materials from penetrating into the ground. H. EPA shall mean the United States Environmental Protection Agency. FACILITY means all contiguous land within an APA, structures, other appurtenances, and improvements on the land wherein regulated substances are stored, handled, treated, used, or produced in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. Pipelines including storm and sanitary sewers, interstate freeways, state highways, arterials, and railroads are facilities for purposes of construction standards and operations review only, are not prohibited in Zone 1, and do not require an Aquifer Protection Area Operating Permit. These facilities may, however, be subject to special requirements that are supportive of aquifer protection, contained in relevant sections of the City code, and applied during the construction standards and operations review process. J. GROUNDWATER means water below the land surface in the zone of saturation. 12 ORDINANCE NO. 4367 - K. GROUNDWATER MONITORING PLAN shall mean a plan containing procedures to be followed to assess groundwater quality for concentrations of those chemicals identified in the operating permit. L. GROUNDWATER MONITORING WELL means a small-diameter well installed for purposes of sampling and monitoring groundwater. M. HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITY means any facility regulated pursuant to 40 CFR 264 or 265, or WAC 173-303-280 through WAC 173- 303-670. N. OPERATOR means any person in control of, or having responsibility for, the daily operation of a facility. O. OWNER may include a duly authorized agent or attorney, a purchaser, devisee, fiduciary, and/or a person having vested or contingent interest in the property and/or facility in question. P. PERSON shall mean any person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, owner, lessee, tenant, or any other entity whatsoever or any combination of such,jointly or severally. Q. PIPELINE shall mean buried pipe systems (including all pipe, pipe joints, fittings, valves, manholes, sumps, and appurtenances that are in contact with the substance being transported) utilized for the conveyance of regulated substances. Pipelines include, but are not limited to, sanitary sewers, side sewers, storm sewers, leachate pipelines, and product pipelines. R. POTABLE WATER shall mean water that is satisfactory for drinking,.culinary, and domestic purposes meeting current county, state, and federal drinking water standards. S. REGULATED SUBSTANCES shall mean any flammable liquids, combustible liquids, hazardous materials, and other substances,which are more particularly defined as: 1. FLAMMABLE LIQUID is any liquid having a flash point below 100 degrees F and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees F. 2. COMBUSTIBLE LIQUID is a liquid having a flash point at or above 100 degrees F. 3. HAZARDOUS MATERIALS shall include such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, highly toxic materials, poisonous gases,. reactive materials, unstable materials, hyperbolic materials, and pyrophoric materials as defined in Article 9 of the Uniform Fire Code and any substance or mixture of substances which is an irritant or a strong sensitizer or which generates pressure through exposure to heat, decomposition, or other means. 4. OTHER SUBSTANCES shall mean: a. A Hazardous Substance as defined by Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or (1) any substance designated pursuant to Section 311(b) (2) (A) of the Clean Water Act (CWA); (2)any element, compound, mixture, solution, or substance designated pursuant to Section 102 of CERCLA; (3)any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not including any waste, the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress); (4)any toxic pollutant listed under Section 307 (a) of the CWA; and 13 ORDINANCE NO. 4367 (5)any imminently hazardous chemical substance or mixture with respect to which EPA has taken action pursuant to Section 7 of the Toxic Substances Control Act. b. Hazardous Substances that include any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090, 173-303-101, 173-303-102, or 173-303-103. c. Hazardous Waste as designated in WAC 173-303 as dangerous or extremely hazardous waste. d. Any material that may degrade groundwater quality when improperly used, stored, disposed of, or otherwise mismanaged. T. REGULATED SUBSTANCES MANAGEMENT PLAN shall mean a plan containing procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a regulated substance. U. SOLID WASTE shall be defined as per Chapter 173-304 WAC, Minimal Functional Standards for Solid Waste Handling,WAC 173-304-100 (73). V. UNAUTHORIZED RELEASE means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a regulated substance in a quantity greater than 1 gallon (5 pounds) per incident from a facility into a containment system, into the air, into groundwater, surface water, surface soils or subsurface soils. Unauthorized release does not include: intentional withdrawals of regulated substances for the purpose of legitimate sale, use, or disposal; and discharges permitted under federal, state, or local law. W. UNDERGROUND STORAGE FACILITY shall be defined as in City of Renton Ordinance No. 4147, Underground Storage Tank Secondary Containment Ordinance, Section 71204 (T). X. UNDERLYING PERMITS shall mean permits required by the City of Renton, including but not limited to building permits; conditional use permits; mining, excavation, and fill and grade permits; shoreline development permits; site• plan reviews; variance rezones; planned unit developments; and subdivision, short subdivision, and land use permits. Y. UTILITY shall mean the City of Renton Water Utility. Z. UTILITY STANDARDS shall mean standard design and construction practices adopted by the Utility. AA. WELL FIELD shall mean an area which contains one or more wells for obtaining a potable, water supply. BB. . WELL shall mean a pit or hole dug into the earth to reach an aquifer. 8-8-3: APPLICABILITY: A. Persons who own and/or operate one or more facilities in an Aquifer Protection Area(APA) shall comply with this Ordinance except as preempted by federal or state law. If the operator of the facility is not the owner, then the owner shall enter into a written contract with the operator requiring the operator to comply with this Ordinance. Execution of this contract between the owner and operator shall not absolve the owner of the legal responsibility for compliance. 14 ORDINANCE NO. 4367 Any person who owns or operates more than one facility in a single Zone of the APA shall have the option of obtaining one permit for all operations if the operations at each facility are similar and the permit requirements under this Ordinance are applicable to each facility individually. B. The effective date for permit applications is January 1, 1993. C. Within six(6)months of the effective date for permit applications, all existing facilities located in Zone 1 of an APA must file an APA Operating Permit, Closure Permit, or relocation application with the Utility. D. Within one (1) year of the effective date for permit applications, all existing facilities located in Zone 2 of an APA must file an APA Operating Permit or Closure Permit application with the Utility. Within two (2) years of this effective date, all existing facilities located in Zone 2 of an APA must comply with the permitting requirements of this Ordinance including construction, containment, monitoring, and inspection, and must have an approved Regulated Substances Management Plan. E. All proposals for new facilities within any Zone of an Aquifer Protection Area must be reviewed for compliance with this Ordinance including obtaining an Operating permit pursuant to this Ordinance,prior to issuance of any underlying permits. F. All owners and/or operators of facilities which store, handle, treated, use, or produce regulated substances or have done so in the past, must comply with the permit requirements, release reporting requirements, and closure requirements as set forth in this Ordinance. G. All Aquifer Protection Area operating permits must be renewed by the Utility on an annual basis. 15 ORDINANCE NO. 4367 H. Exemptions: 1. The storage and handling of regulated substances for resale in their original unopened containers of five (5)gallons or twenty-five(25)pounds or less shall be exempt from the permit requirements of this Ordinance. 2. De Minimus Usage of Regulated Substances: Facilities that use, store, or handle regulated substances in quantities of five(5)gallons or twenty-five (25)pounds or less of any one regulated substance, and in aggregate quantities of twenty (20)gallons or one- hundred (100)pounds or less of all regulated substances, shall be exempt from the permit requirements of this Ordinance. Where regulated substances are dissolved in or mixed with other non-regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this ordinance. 3. Single family residences and other strictly residential uses are exempt from the permit requirements of this Ordinance provided that no home business (as defined by Title 4, Chapter 31 of the Code of the City of Renton)is operated on the premises. 4. Fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle shall be exempt from the permit requirements of this Ordinance. 5. Existing heating systems using fuel oil are exempt from the requirements of this Ordinance. 6. If the Utility determines that an existing or proposed activity, that is exempt from the permit requirements of this Ordinance pursuant to this section, has a significant or substantial potential to degrade groundwater quality, then the Utility may classify that activity as a facility as defined by this Ordinance, and therefore require that facility to comply with the permit requirements of this Ordinance. Such determinations will be based upon site-specific data and shall be eligible for appeal pursuant to Section 8-8-22 of this Ordinance. 7. Public interest emergency use and storage of regulated substances by governmental organizations is exempt from the permit requirements of this Ordinance. 8. Regulated substances used by the City of Renton in water treatment processes are exempt from the permit requirements of this Ordinance. 9. Fueling of equipment not licensed for street use is exempt from the permit requirements of this Ordinance, provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent leakage. 10. Regulated substances contained in properly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part of routine use are exempt from the permit requirements of this ordinance. 16 ORDINANCE NO. 4367 _ 8-8-4: PROVISIONS FOR CERTAIN REGULATED SUBSTANCES USED IN THE AQUIFER PROTECTION AREA: A. The application of regulated substances such as pesticides, herbicides, and fungicides in recreational, agricultural, pest control, and weed control activities, and in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance, shall be allowed in an APA provided that: 1. The application is in strict conformity with the use requirements as set forth by the EPA and as indicated on the containers in which the substances are sold. 2. Applicators of these regulated substances apply for a Modified Aquifer Protection Area Operating Permit. B. The application of fertilizers containing nitrates, and in quantities greater than the de minimis amounts specified in Section 8-8-3-H.2 of this Ordinance, shall be allowed in an APA provided that: 1. No application of nitrate-containing materials shall exceed one-half (0.5)pound of nitrogen per thousand square feet per single application or a total yearly application of five (5)pounds of nitrogen per thousand square feet; except that an approved slow- release nitrogen may be applied in quantities of up to nine-tenths (0.9) pound of nitrogen per thousand square-feet per single application or eight (8)pounds of nitrogen per thousand square feet per year; and 2. Applicators of these regulated substances apply for a Modified Aquifer Protection Area Operating Permit. C. Storage of regulated substances described in Section 8-8-4.A above, in quantities greater than the de minimus amounts specified in Section 8-8-3.H.2 of.this Ordinance shall be subject to the full Aquifer Protection Area Operating Permit requirements specified in the Ordinance. 8-8-5: AQUIFER PROTECTION AREAS AND ZONES: A. The locations of Aquifer Protection Areas (APA) in the City of Renton are defined in Exhibit 2 to this Ordinance. Aquifer Protection Area Maps are on file with the City Clerk,the Department of Planning/Building/Public Works, and the Renton Fire Department. Exhibit 3 contains the legal description of the APA. B. Determination of location within a Zone of an Aquifer Protection Area: In determining the location of facilities within the zones defined by Exhibit 2,the following rule shall apply. 1. Facilities located wholly within an APA zone shall be governed by the restrictions applicable to that zone. 2. Facilities having parts lying within more than one zone of an APA shall be governed as follows: each part of the facility shall be reviewed and regulated by the requirements set forth in this Ordinance for the zone in which that part of the facility is actually located. 3. Facilities having parts lying both in and out of an APA shall be governed as follows: a. That portion which is within an APA shall be governed by the applicable restrictions in this ordinance, and b. That portion which is not in an APA shall not be governed by this ordinance. 17 w � ORDINANCE NO. 4367 C. The Aquifer Protection Area which is identified herein is designated as an Environmentally Sensitive Area pursuant to the State Environmental Policy Act, WAC 197-11-908, and Title IV, Chapter 6, Section 4-6-28 of the City Code. The following SEPA categorical exemptions shall not apply within said area: WAC 197-11-800: (1), (2) c through g, (3), (5), 6(a), 14(c), (24) c, e, f, (25)h; and Chapter 7, Section 4-6-26 of this Code. 8-8-6: REGULATIONS WHICH APPLY WITHIN ZONE 1 OF AN APA: A. REMOVAL OF EXISTING FACILITIES. 1. Ten (10) years after the effective date of this ordinance, the storage, handling, use, treatment or production of any regulated substance in quantities greater than the de minimus amounts specified in Section 8-8-3.H.2 of this Ordinance at existing facilities shall not be allowed within Zone 1 of an APA. 2. Existing facilities located in Zone 1 of an APA and using, storing or producing regulated substances over the de minimis quantity must apply for an operating permit, closure permit or relocation assistance within 6 months of the effective date for permit applications. 3. The City is offering relocation incentives to facilities in Zone 1 of an APA that use, store or produce regulated substances and who wish to relocate outside of Zone 1 to include: a. Waiver of Special Utility Connection Charges fees if relocation is within the City of Renton limits and occurs within 5 years of the effective date for permit applications. h. In the first year following the effective date for permit applications, the City shall pay 60%of documented relocation expenses up to $60,000; in the second year following the effective date for permit applications, the City shall pay 50% of documented relocation expenses up to $25,000; in the third year following the effective date for permit applications, the City shall pay 40% of documented relocation expenses up to $15,000; in the fourth year the City shall pay 30% of documented relocation expenses up to $5,000. Payment shall be made only if relocation is within the City limits of Renton. c. Timing of payment of relocation expenses and completion of other specific requirements shall be made according to the administrative rule to be adopted by the Administrator. To be eligible for a specific years reimbursement schedule, relocation must be completed within 18 months of the start of each year. 4. Once a facility in Zone 1 is closed, relocated, or the use of regulated substances is terminated, reinstatement of the use of regulated substances on the site in quantities greater than de minimis quantities shall be prohibited. 5. Closure of a facility or termination of any or all facility activities shall be conducted in accordance with the closure requirements (Section 8-8-14) of this Ordinance. B. REVIEW OF PROPOSED ACTIVITIES. 1. Within Zone 1 of an APA, no changes in land use and no construction activities shall be allowed unless a finding is made by the Utility that the proposal will not impact the long term, short term or cumulative quantity or quality of the aquifer. The finding shall be based on the present or past activities conducted at the facility; regulated substances stored,handled,treated, used or produced; and the potential for the activities or regulated substances to degrade groundwater quality. 18 1 C ' ORDINANCE NO. 4367 2. Changes in land use and types of new facilities which are prohibited within Zone 1 of an APA include, but are not limited to: any use in which regulated substances are used, stored, treated, or handled; or which produces moderate risk waste, hazardous waste, and/or dangerous waste. The use of regulated substances in de minimus quantities as defined in Section 8-8-3.H.2 of this Ordinance shall be exempt from this provision. 3. The conversion of heating systems to fuel oil or the installation of new'fuel oil heating systems in Zone 1 of the APA after the effective date of this Ordinance is prohibited. 4. The following specific changes in land use and types of new facilities will be prohibited within Zone 1 of an APA: surface impoundments (as defined in WAC 173-303 and 304); waste piles (as defined in WAC 173-303 and 304); hazardous waste treatment, storage, and disposal facilities; all types of landfills including solid waste landfills; transfer stations; septic systems; recycling facilities that handle regulated substances; underground storage facilities; and petroleum product pipelines. 5. All applications for changes in land uses and for all underlying permits in Zone 1 of the APA must be reviewed for compliance with this Ordinance. The focus of review for all permits will be on the substances that will be stored, handled, treated, used or produced; and the potential for these substances to degrade groundwater quality. All permits required pursuant to this Ordinance must be issued prior to or concurrent with the issuance of permits for construction activities or underlying permits for these activities. 6. All proposals for changes in land use or for construction activities shall be subject to site plan review pursuant to Title IV, Chapter 31, Section 4-31-33. 7. In Zone 1 of an APA,no change in operations at a facility shall be allowed that increases the quantities of regulated substances stored, handled, treated, used, or produced in excess of quantities reported in the initial Aquifer. Protection Area Operating Permit unless granted a special permit. C. WASTEWATER DISPOSAL REQUIREMENTS. 1. New developments (residential and non-residential) shall, as a condition of the building permit,be required to connect to a central sanitary sewer system prior to occupancy. 2. Existing developments (residential and non-residential) may be required to connect to a central sewer system as a requirement of any Building Permit issued after the effective date of this ordinance for the property: 3. All existing developments (residential and non-residential)which are within 330 feet of an existing gravity sanitary sewer with capacity shall be required to connect within two years of the passage of this ordinance. All existing developments (residential and non- residential) which are located within 330 feet of a new gravity sanitary sewer line with capacity shall be required to connect within two years of the availability of the new sewer line. D. PIPELINE REQUIREMENTS. 1. All new and existing pipelines in Zone 1 shall be constructed or repaired in accordance with material specifications contained in Exhibit 4. All existing product pipelines in Zone 1 shall be repaired and maintained in accordance with best management practices and best available technology. 2. All new pipelines constructed in Zone 1 shall be tested for leakage in conformance with this paragraph prior to being placed into service. Pipeline leakage testing shall be 19 ORDINANCE NO. 4367 conducted in accordance with best available technology, to the satisfaction of the Utility. Pipeline leakage testing methods shall be submitted to the Utility for review prior to testing and shall include: a detailed description of the testing methods and technical assumptions; accuracy and precision of the test; proposed testing durations, pressures, and lengths of pipeline to be tested; and scale drawings of the pipeline(s)to be tested. Upon completion of testing, pipeline leakage testing results shall be submitted to the Utility and shall include: record of testing durations, pressures, and lengths of pipeline tested; and weather conditions at the time of testing. Routine leakage testing of new'pipelines constructed in Zone 1 may be required by the Utility. 3. If the Utility has reason to believe that the operation or proposed operation of an existing pipeline in Zone 1 of an APA may degrade groundwater quality, the Utility may require: leakage testing of the existing pipeline in accordance with paragraph 2 of this subsection; and installation, sampling, and sample analysis of monitoring wells. Routine leakage testing of existing pipelines in Zone 1 may be required by the Utility. Criteria for this determination is specified under Section 8-8-7.G.2 of this ordinance. 4. Should pipeline leakage testing reveal any leakage at any level then the Utility shall require immediate repairs to the pipeline to the satisfaction of the Utility such that no infiltration of water into the pipeline or exfiltration of substances conveyed in the pipeline shall occur. Any repairs which are made shall be tested for leakage pursuant to paragraph 2 of this subsection. E. CONSTRUCTION ACTIVITY STANDARDS. The following standards will be followed for anyconstruction activity which shall be undertaken within Zone 1 of an APA and shall be included as conditions of any underlying permit. These standards shall apply to the storage, handling, treatment, use, or production of regulated substances in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. 1. No temporary storage of regulated substances on-site shall be permitted unless it can be demonstrated that no other feasible sitealternative exists. The feasibility determination shall be made based on avoiding the probable threat to the aquifer balanced against unreasonable or excessive expense and extreme impracticality,not inconvenience. Should regulated substance storage be permitted, then such storage shall be limited to a period not to exceed five (5) consecutive weekdays or longer if security or project personnel are on site. In any case,temporary regulated substance storage shall be limited to a maximum of fifteen(15)days. 2. The underlying permit shall specify, those regulated substances to be used and/or temporarily stored on-site. These substances shall be limited to the absolute minimum quantity required to accomplish the specific task. 3. All regulated substances stored temporarily on-site shall be secondarily contained within leak-proof structures (liners, vaults, paved areas with curbing, etc.). The location of temporary storage must be specified on the building plans or site plans with a copy to the Renton Fire Department and Utility. 4. The construction activity staging area shall be located in Zone 1 of an APA only if no feasible site exists outside Zone 1. The staging area shall be limited to the minimum area absolutely required. The staging area must be specified on the approved building or site plans. 20 ' ' ORDINANCE NO. 4367 5. The use of petroleum products on site shall be limited during construction activities to that amount which is necessarily required. 6. All refueling of equipment shall take place outside of Zone 1 if feasible. If such refueling is not feasible, then the refueling area must be covered with a leak-proof membrane sur- rounded by temporary retaining walls. 7. All equipment directly associated with performance of the construction activity shall be "bibbed" to contain leakage of petroleum products. Bibs shall be drained and cleaned a minimum of once each day. Any such equipment which is known to be leaking petroleum products, including fuel or hydraulic fluid, shall be prohibited on the site. 8. The contractor shall comply with all applicable laws relating to disposal of hazardous substances and shall be contractually responsible for ensuring that all subcontractors comply as well. F. REQUIREMENTS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING FACILITIES. The following conditions will be required as part of any Operating Permit issued in Zone 1 of an APA. These conditions must be met within two (2) years of the effective date for permit applications. 1. Containment: Every owner/operator of a facility shall provide containment devices adequate in size to contain on-site any unauthorized release of regulated substances from any area where these substances are either stored, handled, treated, used, or produced. Containment devices shall prevent such substances from penetrating into the ground. This provision also applies to releases that may mix with storm runoff. Design requirements for containment devices are as follows: a. The containment device shall be large enough to contain 110 (one hundred ten) percent of the volume of the container in cases where a single container is used to store, handle, treat, use, or produce a regulated substance. In cases where multiple containers are used, the containment device shall be large enough to contain 150 percent of the volume of the largest container or 10 percent of the aggregate volume of all containers,whichever is greater. • b. All containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any regulated substance. If coatings are used to provide chemical resistance for containment devices, they shall also be resistant to the expected abrasion and impact conditions. Containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release. c. If the containment device is open to rainfall,then it shall be able to accommodate the volume of precipitation that could enter the containment device during a 24- hour, 100-year storm, in addition to the volume of the regulated substance storage required in Subsection 2a above. d. Containment devices shall be constructed so that a collection system can be installed to accumulate, temporarily store, permit detection of the presence of, and permit removal of any storm runoff or regulated substance. e. Containment devices shall include monitoring procedures or technology capable of detecting the presence of a regulated substance within 24 hours following a release. 21 ORDINANCE NO. 4367 f. The following shall be prohibited within any areas used for containment of regulated substances: floor drains, catchbasins, or other conveyance piping that does not discharge into a containment device that meets the requirements of this ordinance. Any existing conveyance piping that is prohibited by this paragraph shall be abandoned by sealing and decommissioning using procedures and designs approved by the Water Utility. 2. Regulated Substance Monitoring Requirements for Existing Facilities a. The owners or operators of all existing facilities shall implement regulated sub- stances monitoring as part of the Regulated Substances Management Plan required by Section 8-8-11 of this Ordinance. b. All regulated substance monitoring activities shall include the following: (1) A written routine monitoring procedure which includes, when applicable: the frequency of performing the monitoring method, the methods and equipment to be used for performing the monitoring, the locations(s) from which the monitoring will be performed, the name(s) or titles(s) of the person(s)responsible for performing the monitoring and/or maintaining the equipment,and the reporting format. (2) Written records of all monitoring performed shall be maintained on-site by the operator for a period of 3 years from the date the monitoring was per- formed. The Utility may require the submittal of the monitoring records or a summary at a frequency that the Utility may establish. The written records of all monitoring performed in the past 3 years shall be shown to the Utility upon demand during any site inspection. Monitoring records shall include but not be limited to: i. The date and time of all monitoring or sampling; ii. Monitoring equipment calibration and,maintenance records; iii. The results of any visual observations; iv. The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets; v. The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test results; and vi. The results of inventory readings and reconciliations. (3) Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually monitor. c. For facilities located in Zone 1 of an APA, on every day of operation, a responsible person designated by the permittee shall check for breakage or leakage of any container holding regulated substances. Electronic sensing devices approved by the Water Utility may be employed as part of the inspection process, provided that the system is checked daily for malfunctions. 3. Emergency Collection Devices. 22 ORDINANCE NO. 4367 For facilities located in Zone 1-of an APA, vacuum suction devices, absorbent scavenger materials, or other devices approved by the Water Utility shall be present on site (or available within an hour by contract with a cleanup company approved by the Water Utility), in sufficient quantity to control and collect the total quantity of regulated substances plus absorbent material. The presence of such emergency collection devices and/or cleanup contract are the responsibility and at the expense of the owner/operator, and shall be documented in the Operating Permit. 23 ORDINANCE NO. 4367 4. Inspection of Containment and Emergency Equipment. For facilities located in Zone 1 of an APA, owners/operators shall establish procedures for monthly in-house inspection and routine maintenance of containment and emergency equipment. Such procedures shall be in writing; a regular checklist and schedule of maintenance activity shall be established, and a log shall be kept of inspections and maintenance activities. Such logs and records shall be made available at all reasonable times to the Water Utility for examination. 5. Inventory of Regulated Substances. For facilities located in Zone 1 of an APA, owners/operators of all facilities shall keep and maintain an inventory of all regulated substances on site to include recording of all purchases, sales and use. This inventory shall be kept on site for a period of at least three years from the date the inventory was recorded and made available to the Water Utility at all reasonable times for inspection. 6. Employee Training. Operators of all facilities in Zone 1 shall schedule training for all employees twice per year to explain the conditions of the Operating Permit such as emergency response procedures, monitoring and reporting requirements, record keeping requirements, and the types and quantities of regulated substances on site. These training sessions will be documented and recorded and the names of those in attendance will be recorded. These records shall be made available at all reasonable times to the Water Utility for inspection. 7. Additional Operating Permit Requirements for Zone 1: By the fifth year following the effective date for permit applications, owners and/or operators shall complete the following: a. Groundwater Monitoring: For facilities located in Zone 1 of an APA, an owner/operator of a facility may, at its own expense, be required to install one or more groundwater monitoring wells as determined by and in a manner approved by the Utility. Criteria used to determine the need for monitoring wells shall include but not be limited to the proximity of the facility to the City's production or monitoring wells, the type and quantity of regulated substances on site, and whether or not the regulated substances are stored in underground vessels. Every owner required to install monitoring wells shall, at its own expense, sample groundwater in each monitoring well within thirty (30)days of completing well construction and semiannually thereafter, and obtain independent analytical results of the presence and concentration of those chemicals identified by the Utility in the Operating Permit (including breakdown. and transformation products). The analytical results shall be obtained through the use of the EPA-approved methods for water. The results shall be filed within 72 hours with the Utility. b. Site Improvements. (1) For facilities located in Zone 1 of an APA, the owner/operator shall pave all currently unpaved areas of their facility that are subject to any vehicular use or storage, use, handling, or production of regulated substances. (2) For those facilities located in Zone 1 of an APA in which the nature of the business involves the use of regulated substances outside of fully enclosed structures, the City shall evaluate the existing stormwater 24 e • ORDINANCE NO. 4367 collection and conveyance system, and reserves the right to require the owner/operator to upgrade the system to meetordinance requirements (Section 2 and Section 8-8-6.D.) c. Capital Cost Reimbursement for Additional Operating Permit Requirements. The City shall pay 50%of documented capital costs up to $25,000 for required installation and construction of monitoring wells, site paving and stormwater improvements as required in Section 8-8-6.F.7.a. Payment by the City shall be made according to adopted administrative rules. 8-8-7: REGULATIONS WHICH APPLY WITHIN ZONE 2 OF AN APA: A. EXISTING FACILITIES. The storage, handling, treatment, use or production of regulated substances at existing facilities shall be allowed within Zone 2 of an APA upon compliance with the provisions of this Ordinance. B. REVIEW OF PROPOSED ACTIVITIES. 1. Section 8-8-6.B of this Ordinance,which pertains to review of proposed facilities in Zone 1 of an APA, also applies to Zone 2 of an APA. 2. The conversion of heating systems to fuel oil or the installation of new fuel oil heating systems in Zone 2 of the APA after the effective date of this Ordinance is prohibited. 3. The following specific changes in land use and types of new facilities will be prohibited within Zone 2 of an APA: hazardous waste surface impoundments; waste piles (as defined in WAC 173-303 and 304); recycling facilities that handle regulated substances; hazardous waste treatment and storage facilities; solid waste landfills; transfer stations; septic systems; and petroleum product pipelines. C. WASTEWATER DISPOSAL REQUIREMENTS. 1. New developments (residential and non-residential) shall, as a condition of the building permit, be required to connect to a central sanitary sewer system prior to occupancy. 2. Sanitary sewers shall be constructed in accordance with prevailing American Public Works Association (APWA) standards with respect to minimum allowable infiltration and exfiltration. D. PIPELINE REQUIREMENTS. If the Utility has reason to believe that the operation or proposed operation of an existing pipeline in Zone 2 of an APA may degrade groundwater quality, the Utility may require: leakage testing in accordance with Section 8-8-6.D.2 of this Ordinance; installation, sampling, and sample analysis of groundwater monitoring wells; repair of the pipeline to the satisfaction of the Utility such that degradation of groundwater quality is minimized or eliminated. Criteria for this determination is specified under Section 8-8-7.G.2 of this ordinance. E. CONSTRUCTION ACTIVITY STANDARDS. 25 e � 4367 ORDINANCE NO. Standards to be followed for any construction activity which shall be undertaken within Zone 2 of an APA for any underlying permit issued for the project shall be as specified for Zone 1 of an APA in Section 8-8-6.E of this Ordinance. F. REQUIREMENTS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING AND NEW FACILITIES. Permit requirements as part of any permit issued in Zone 2 of an APA shall be as specified for Zone 1 of an APA in Section 8-8-6.F.1 and 2 of this Ordinance. G. POTENTIAL TO DEGRADE GROUNDWATER. 1. If the Utility determines that an existing or proposed facility located in Zone 2 of an APA has a potential to degrade groundwater quality which equals or exceeds that of a permitted facility in Zone 1,then the Utility may require that facility to fully comply with Section 8-8-6 of this Ordinance. 2. Criteria used to make this determination shall include but not be limited to the present and past activities conducted at the facility; types and quantities of regulated substances stored, handled, treated, used or produced; the potential for the activities or regulated substances to degrade groundwater quality; history of spills at the site, and presence of contamination on site. 3. Such determinations shall be subject to appeal pursuant to Section 8-8-22 of this Ordinance. 8-8-8: REGULATIONS FOR EXISTING SOLID WASTE LANDFILLS: A. The Utility shall have the authority to inspect and screen any excavated dirt, soil or other material prior to placement in a solid waste landfill if the material is suspected of containing contaminants at levels which may impact groundwater quality. The Utility may require the owner to conduct a sampling program to determine if contaminants are present in materials prior to landfilling. B. The Utility shall require an owner of a solid waste landfill to submit a groundwater monitoring program. The program shall include: 1. Number, locations and depths of monitoring wells to be installed; and 2. Monitoring well drilling and construction methods; and 3. Groundwater sample collection, shipment and handling procedures, including the frequency of sampling; and 4. List of constituents to be analyzed, including test methods; and 5. Procedure for measuring groundwater elevation; and 6. A statistical procedure for determining whether a significant change over background has occurred; and 7. A procedure for regular reporting of monitoring results to the Utility. 8-8-9: AQUIFER PROTECTION AREA PERMITS: 26 ORDINANCE NO. 4367 ' A. No person, persons, corporation, or other legal entities shall install or operate a facility in an APA without first obtaining an Operating Permit from the Utility and a permit from the Department pursuant to'the Uniform Fire Code, if required. B. The Utility shall not issue .an Operating Permit for a facility unless adequate plans, specifications, test data, and/or other appropriate information has been submitted by the owner and/or operator showing that the proposed design and construction of the facility meets the intent and provisions of this Ordinance and will not impact the short term, long term or cumulative quantity or quality of groundwater. C. No person, persons, corporation or other legal entity shall temporarily or permanently abandon a facility in an APA without complying with the requirements of Section 8-8-14 Closure Permits and Permit Conditions of this Ordinance. D. No person, persons, corporation or other legal entity shall close a facility without first obtaining a Closure Permit to do so from the Utility. The Utility shall not issue a permit to temporarily or permanently close a facility unless adequate plans and specifications and other appropriate information has been submitted by the applicant showing that the proposed closure meets the intent and provisions of this Ordinance. E. The application for Operating Permits pursuant to this Ordinance shall be made on a form. provided by the City. 8-8-10: OPERATING PERMIT CONDITIONS: Specific conditions for Operating Permits issued to facilities in Zones 1 and 2 of an APA are described in Sections 8-8-6 and 8-8-7 of this Ordinance, respectively. The following general conditions shall be included as part of any Operating permit issued pursuant to this Ordinance: A. The Operating Permit application (for permits other than application of pesticides, herbicides, fungicides, or fertilizers containing nitrates)shall include at a minimum: 1. A list of the names and volumes of all regulatedsubstances which are stored, handled, treated, used, or produced at the facility being permitted in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. 2. A list of the chemicals to be monitored through the analysis of groundwater samples if groundwater monitoring is anticipated to be required. 3. A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of regulated substances in quantities greater than the de minimis amounts specified in Section 8-8-3.H.2 of this Ordinance. 4. A description of the containment devices used to comply with the requirements of this Ordinance. 5. A proposed Regulated Substances Management Plan for the facility. 6. A description of the procedures for inspection and maintenance of containment devices. 7. A description of how regulated substances will be disposed. 8. A site map showing the location of the facility and its property boundaries and the locations where regulated substances in containers quantities greater than five (5) gallons or twenty-five (25) pounds in size are stored, handled, treated, used, produced. The location of each containment device also should be identified on the site plan. 27 ORDINANCE NO. 4367 B. Procedures for the in-house inspection and maintenance of containment devices and areas where regulated substances are stored, handled, treated, used, and produced shall be identified in the Operating permit for each facility. Such procedures shall be in writing, and a log shall be kept of all inspection and maintenance activities. Such logs shall be submitted to the Utility annually and shall be available for inspection. Inspection and maintenance logs shall be maintained on-site by the owner or operator for a period of at least 3 years from the date the monitoring was performed. C. The permittee shall report to the Utility within 15 days after any changes in a facility including: 1. The storage,handling,treatment, use, or processing of new regulated substances; 2. Changes in monitoring procedures; or 3. The replacement or repair of any part of a facility that is related to the regulated substance(s). D. The permittee shall report to the Utility any unauthorized release occurrence, within 24 hours of its detection, in accordance with Section 15 of this Ordinance. E. An Operating Permit, issued by the Utility, shall be effective for 1 year. The Utility shall not issue a permit to operate a facility until the Utility determines that the facility complies with the provisions of these regulations. If an inspection of the facility reveals noncompliance, then the Utility must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit. The facility owner shall apply to the Utility for permit renewal at least 60 days prior to the expiration of the permit. F. Operating Permits may be transferred to a new facility owner/operator if the new facility owner does not change any conditions of the permit, the transfer is registered with the Utility within 30 days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership. G. Within 30 days of receiving an inspection report from the Utility, the Operating Permit holder shall file with the Utility a plan and time schedule to implement any required modifications to the facility or to the monitoring plan needed to achieve compliance with the intent of this Ordinance or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Utility. H. Modified Operating Permits for the application of pesticides, herbicides, fungicides, or fertilizers containing nitrates (use provisions per Section 8-8-4 of this Ordinance) shall include the following: 1. A list of the names and chemical content of each regulated substance used for this purpose. 2. A description of the containment used in transport of the regulated substances to the site of application and the methods of application. 3. A Regulated Substances Management Plan that includes procedures for monitoring, cleanup, and disposal for leaks and spills of regulated substances. 4. Procedures for recordingthe date, amount, type, and location of regulated substances applied. Such records shall be kept up to date and be available for inspection at reasonable times by the Water Utility. 5. An annual modified Operating Permit covering all application operations of regulated substances by an applicator shall be obtained by the permittee. 28 ORDINANCE NO. 4367 8-8-11: REGULATED SUBSTANCES MANAGEMENT PLAN: A. A Regulated Substances Management Plan indicating procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a regulated substance shall be required as a condition of each Operating Permit. If a Spill Prevention Control and Counter- measure (SPCC) plan has been prepared in accordance with 40 CFR 264 or 265, a Regulated Substances Management Plan is not required as long as all of the regulated substances are included in the SPCC plan and the facility submits a copy to the Utility. B. The Regulated Substances Management Plan shall include: 1. Provisions to address the regulated substances monitoring requirements of Sections 9 and 10 of this Ordinance. 2. Provisions to address the pesticide, herbicide, fungicide, and fertilizer requirements of Section 8-8-4 of this Ordinance. 3. Provisions to train employees in the prevention, identification, reporting, control, disposal, and documentation of any unauthorized release of a regulated substance. 8-8-12: GROUNDWATER MONITORING PLAN: A. If a facility is required to install and monitor groundwater wells pursuant to Section 8-8-6.F.7.a then a Groundwater Monitoring Plan will be required. This plan must indicate procedures to be followed to assess groundwater quality for concentrations of those chemicals identified by the Utility in the Operating Permit. If a groundwater monitoring program is in effect per the requirements of.40 CFR 264 or 265, and this program includes all of the chemicals identified in the Operating Permit, then a separate Groundwater Monitoring Plan is not required by the Utility and the facility shall submit a copy of this program to the Utility. B. The Groundwater Monitoring Plan shall include provisions to address the groundwater monitoring requirements of Section 8-8-6.F.7.a and Section 8-8-13.D of this Ordinance. 8-8-13: UNAUTHORIZED RELEASES: A. General Provisions All unauthorized releases as defined in Section 8-8-2.V. shall be reported to the Utility according to the provisions of this subsection. All unauthorized releases shall be recorded in the owner's inspection and maintenance log. Such an unauthorized release shall be determined to be an "unauthorized release requiring recording" if the release is completely captured by the containment device. If the containment device fails to contain the entire release, the release shall be determined to be an"unauthorized release requiring reporting." B. Unauthorized Releases Requiring Recording 1. Unauthorized releases requiring recording shall be reported to the Utility within 3 days after the release has been detected. 2. The incident report shall be accompanied by a written record including the following information: a. List of type, quantities, and concentration of regulated substances released. 29 ORDINANCE NO. 4367 b. Method of cleanup. c. Method and location of disposal of the released regulated substances. d. Method of future release prevention or repair. If this involves a change in operation, monitoring, or management, the owner must apply for a new Operating Permit. e. Facility operator's name and telephone number. f. The approximate costs for cleanup to be submitted voluntarily. 3. The Utility shall review the information submitted pursuant to the report of an unauthorized release requiring recording, shall review the Operating Permit, and may inspect the facility. The Utility shall find that the containment standards of this ordinance can continue to be achieved, or the Utility shall revoke the permit until appropriate modifications are made to allow compliance with the standards. 30 a s ORDINANCE NO. 4367 C. Unauthorized Releases Requiring Reporting 1. Unauthorized releases requiring reporting shall be reported to the Utility within 24 hours of discovery of the occurrence. 2. The report shall contain the following information that is known at the time of filing the . report: a. List of type,quantity, and concentration of regulated substances released. b. The results of all investigations completed at that time to determine the extent of soil or groundwater or surface water contamination because of the release. c. Method of cleanup implemented to date, proposed cleanup actions and approximate cost of actions taken to date. d. Method and location of disposal of the released regulated substance and any contaminated soils,groundwater,or surface water. e. Proposed method of repair or replacement of the containment device. f. Facility owner's name and telephone number. 3. Until cleanup is complete, as defined by the Model Toxics Control Act Cleanup Regulation (Chapter 173-340 WAC), the owner shall submit reports to the Utility every month or at a more frequent interval specified by the Utility. The reports shall include the information requested in this Ordinance. D. Semiannually, the Utilityshall review all groundwater monitoring results submitted by owners in an APA to determine if an unauthorized release to groundwater has occurred. Either one of the following occurrences shall constitute an unauthorized release to groundwater: 1. .A chemical concentration in an owner's monitoring well(s) that exceeds applicable legally-enforceable federal or state groundwater quality standards. 2. An upward trend in the concentration of a chemical as determined by a statistically based procedure. E. Upon confirmation of an unauthorized release to groundwater, the owner and/or operator shall be responsible for immediately accomplishing the following: 1. Locate and determine the source of the unauthorized release of the regulated substance(s). 2. Stop and prevent any further unauthorized release(s), if under the control of the owner and/or operator. 3. Comply with the requirements for an unauthorized release(s) requiring reporting. 31 - ORDINANCE NO. 4367 F. The owner shall not be subject to this mandatory action if the owner can present acceptable technical data that substantiate it is not responsible for the violation. In complying with this subsection, no new regulated substance(s) may'be introduced in the place of the regulated substance(s)that caused the violation. G. If an unauthorized release creates or is expected to create an emergency situation with respect to the drinking water supply of the City of Renton, and if the facility owner fails to address the unauthorized release in a timely manner, the Utility or its authorized 'agents shall have the authority to implement removal or remedial actions. Such actions may include, but not be limited to, the prevention of further groundwater contamination; installation of groundwater monitoring wells; collection and laboratory testing of water, soil , and waste samples; and cleanup and dis- posal of regulated substances. The facility owner shall be responsible for any costs incurred by the Utility or its authorized agents in the conduct of such remedial actions. H. Reporting a release to the Utility does not exempt or preempt any other reporting requirements under federal, state, or local laws. 8-8-14: CLOSURE PERMITS AND PERMIT CONDITIONS: A. No person shall close or cause to be closed a facility regulated pursuant to this Ordinance without first obtaining a Closure Permit from the Utility and a permit from the Renton Fire Department pursuant to the Uniform Fire Code, if required. B. Closure Permits shall be required for all facilities that cease to store, handle, treat, use, or produce regulated substances for a'period of more than 365 days or when the owner has no intent within the next year to store, handle, treat, use, or produce regulated substances. During the period of time between cessation of regulated substance storage, handling, treatment, use, or production, and actual completion of facility closure, the applicable containment and monitoring requirements of this Ordinance shall continue to apply. C. Prior to closure, the facility owner shall submit to the Utility a proposal describing how the owner intends to comply with closure requirements. Owners proposing to close a facility shall comply with the following requirements: 1. ' Regulated substances shall be removed from the facility, including residual liquids, solids, or sludges to levels specified in 173-340 WAC, Model Toxic Control Act Cleanup Regulation. 2. When a containment device is to be disposed of, the owner must document to the Utility that proper disposal has been completed. 3. An owner of a containment device or any part of a containment device that is destined for reuse as scrap material shall identify this reuse to the Utility. D. The owner of a facility being closed shall demonstrate to the satisfaction of the Utility that no detectable unauthorized release has occurred or that unauthorized releases have been cleaned up (pursuant to the Model Toxics Control Act). This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or immediately after closure activities. E. If an unauthorized release is determined to have occurred, the facility owner shall comply with Section 16 of this Ordinance. F. Facility closure will be accepted as complete by the Utility upon implementation of the Closure Permit conditions and compliance with all other provisions of this Ordinance. 32 ORDINANCE NO. 4367 8-8-15: ENFORCEMENT: A. The Utility shall be the administering agency and shall have the power and authority to administer and enforce the provisions of this Ordinance. The Utility shall have the right to conduct inspections of facilities at all reasonable times to determine compliance with this Ordinance. Noncompliance with the provisions of this Ordinance is a violation. All permitted facilities in an APA will be subject to a minimum of one inspection per year by a Water Utility inspector or designee. By the fifth year following the effective date for permit applications, all permitted facilities in Zone 1 of the Aquifer Protection Areawill be subject to monthly inspections by a Water Utility inspector or designee to determine compliance with the provisions of the Ordinance. B. The Utility may revoke any permit issued pursuant to this Ordinance if it finds that the permit holder: 1. Has failed or refused to comply with any one of the provisions of this Ordinance; 2. Has submitted false or inaccurate information in the permit application; 3. Has failed to submit operational reports of other information required by this Ordinance; or 4. Has refused lawful inspection pursuant to this Section. 5. Has had 4 or more releases requiring reporting, or 2 or more incidents that result in detectable contamination of groundwater (as measured in monitoring wells). The owner and/or operator shall be cited by the Water Utility and shall immediately stop the use of and remove from the site any regulated substances present in quantities greater than de minimis. Such facility shall apply for a closure permit as defined in Section 8-8-14 within 4 weeks of citation. Reinstatement of the use of regulated substances in quantities greater than de minimis shall be prohibited on site. 6. Has violated the intent of this ordinance by intentionally dumping, spilling, or otherwise releasing regulated substances within the APA. The owner and/or operator shall be cited by the Water Utility and have their APA operating permit revoked. Such facilities must stop the use of and remove from the site any regulated substances in quantities greater than de minimis, and apply for a APA closure permit within 4 weeks of citation. Reinstatement of the use of regulated substances in quantities greater than de minimis shall be prohibited on site. The decision as to whether there has been an intentional violation under this section shall be made by the Administrator of the Department of Building/Planning/Public Works or his or her designee. 33 ' a ORDINANCE NO. 4367 8-8-16: NOTICE OF VIOLATION: Whenever it is determined that there is a violation of this Ordinance,the notice of violation issued shall: A. Be in writing; and B. Be dated and signed by the authorized City of Renton agent making the inspection; and C. Specify the violation or violations; and D. Specify the length of time available to correct the violation after receiving the notice of violation. 8-8-17: INJUNCTIVE RELIEF: If any owner stores, handles, uses, or produces regulated substances without having obtained an Operating or Closure Permit as provided for herein or continues to operate in violation of the provisions of this Ordinance,then the City of Renton may file an action for injunctive relief in the Superior Court of the State of Washington for King County. All costs incurred for abatement by the City of Renton, including reasonable attorneys' fees, shall be paid by the owner operating without an Operating or Closure Permit or operating in violation of the provisions of this Ordinance or the permit. 8-8-18: OTHER LAWS, RULES,AND REGULATIONS: All owners within an APA must also comply with county, state, and federal laws, rules, and regulations related to the intent of this Ordinance. 8-8-19: PENALTIES: A. A violation of any of the provisions of this Ordinance shall constitute a misdemeanor and a nuisance. It shall be a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted. B. Any owner or operator who violates any provisions of this Ordinance shall be subject, upon conviction in court,to a fine not to exceed$500 per day per facility. C. In addition to any fines and penalties set forth above, the owner or operator shall reimburse the City of Renton, for all costs incurred as a result of responding to, containing, cleaning up, or monitoring the cleaning up and disposal of any spilled or leaked regulated substance. D. The names of all facilities and their owners/operators that have violated provisions of this Ordinance will be published in a local newspaper on an annual or more frequent basis. 34 ORDINANCE NO. 4367 8-8-20: ADMINISTRATIVE RULE: The Administrator shall adopt administrative rules for implementation that sets forth criteria relating to interpretation and enforcement of this Ordinance. 8-8-21: MODIFICATIONS,WAIVERS,ALTERNATIVES,TESTS: A. Modifications: Whenever there are practical difficulties involved in carrying out the provisions of this ordinance, the Department Administrator may grant minor modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, and that the minor modification is in conformity with the intent and purpose of this Code, and that such modification: 1. Will meet the objectives of environmental protection, safety, function, and maintainability intended by the Code requirements, based upon sound engineering judgment; and 2. Will not be injurious to other property(s) in the vicinity; B. Waivers: Requirements of this ordinance may be. waived upon determination by the Department Administrator that all impacts to the aquifer would be mitigated and protective measures will meet or exceed the requirements of this ordinance. C. Alternates The provisions of this Code are not intended to prevent the use of any material or method of construction or aquifer protection not specifically prescribed by this Code, provided any alternate has been approved and its use authorized by the Department Administrator. The Department Administrator may approve any such alternate, provided s/he finds that the proposed design is satisfactory and complies with the provisions of this Code and that the • material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in environmental protection, safety, and effectiveness. The Department Administrator shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be written and entered in the files of the Code enforcement agency. D. Tests: Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that any action does not conform to the requirements of this Code, the Department Administrator may require tests as proof of compliance to be made at no expense to this jurisdiction. Test methods shall be as specified this Code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Department Administrator shall determine test procedures. 8-8-22: APPEALS: 35 ORDINANCE NO. 4367 A. Any decision of the City in the administration of this chapter, such as administrative determinations, or modifications, may be appealed to the Hearing Examiner. Appeals may be filed pursuant to the process described in the Code of General Ordinances of City of Renton, Section 4-8-11. The Hearing Examiner shall give substantial weight to any discretionary decision of the City rendered pursuant to this Chapter. Any decision of the Hearing Examiner on variances may be appealed to Superior Court. B. The Hearing Examiner, in determining whether or not to grant a variance, shall consider the following factors: 1. If there is available a feasible and effective measure to protect the aquifer outside of this ordinance. 2. The extent of the problem being resolved by the ordinance. 3. The contribution of the land being regulated to the problem. 4. The degree to which the aquifer protection ordinance solves the problem presented by the proposal. 5. The amount and percentage of value lost by application of the ordinance. 6. The quality of the aquifer to be impacted. 7. The extent of remaining uses for the parcel. 8. The past,present and future uses of the property. 9. The extent to which the landowner could predict the effects of this ordinance on the property. 8-8-23: AQUIFER PROTECTION VARIANCE PROCEDURES: If an applicant feels that the strict application of this Chapter would deny all reasonable use of the property or would deny installation of public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public health, safety and welfare, the applicant of a development proposal may apply for a Variance. An application for a Variance shall be filed with the Department Administrator. Requirements for a Variance include an environmental review pursuant to (SEPA)Washington Administrative code 197-11-300 (SEPA). A Variance shall be decided by the Hearing Examiner based on the following standards set forth in this Section: A. The Hearing Examiner, in granting approval of a variance,must determine: 1. that the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to the subject property, including the size, shape topography, location or surroundings of the subject property, and the strict application of the code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and other identical zone classification; and 2. that the granting of the variance will not be materially detrimental to the public welfare or injurious to the water supply aquifer; and a. that no economically viable alternative with less impact on the aquifer is physically and/or legally possible;and 36 ORDINANCE NO. 4367 b. that there is no feasible on-site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to the aquifer;and c. that the proposed activities will not cause significant degradation of groundwater or surface-water quality; and d. that the applicant has taken deliberate measures to minimize aquifer impacts, including but not limited to the following: • limiting the degree or magnitude of the regulated substance and activity; and • limiting the implementation of the regulated substance and activity; and • using appropriate and best available technology; and • taking affirmative steps to avoid or reduce impacts. e. that there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and f. that the inability to derive reasonable economic use of the property is not the result of actions by the applicant in creating an uneconomic business condition and use of the property after the effective date of this chapter. 3. that if government and quasi-governmental agencies are granted a variance under this section,they will meet the following additional conditions: a. competing public policies have been evaluated and it has been determined by the Department Administration that the public's health, safety, and welfare is best served; b. each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies; c. each facility must serve established, identified public needs; and d. no practical alternative exists to meet the needs. 4. that the approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose. 5. that in determining whether or not to grant a variance, the following factors have been considered: a. if there is an available, feasible, and effective measure to protect the aquifer outside of this ordinance; b. the extent of the problem being resolved by the ordinance; c. the amount and percentage of value lost by application of the ordinance; 37 ORDINANCE NO,. 4367 d. the extent of remaining uses for the parcel; e. the past, present, and future uses of the property; and f. the extent to which the landowner could predict the effects of this ordinance on the property. B. The Hearing Examiner may prescribe any conditions upon the variance deemed to be reasonably necessary and required to mitigate aquifer impacts. Any variance granted by the Hearing Examiner, unless otherwise specified in writing, shall become null and void in the event that the applicant or owner of the subject property for which a variance has been requested has failed to commence construction or otherwise implement effectively the variance granted within a period of two (2) years after such a variance has been issued. For proper cause shown, an applicant may petition the Hearing Examiner during the variance procedure, for an extension of the two (2) year period, specifying the reasons therefor. The time may be extended but not exceed one additional year in any event. Any variance granted by the Hearing Examiner shall expire pursuant to the provisions of Chapter 8, Title IV of the RMC. 8-8-24: EFFECTIVE DATE: The effective date of this ordinance shall be 30 days after its enactment. 8-8-25: SEVERABILITY: If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. SECTION XI. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. 38 ORDINANCE NO. 4367 PASSED BY THE CITY COUNCIL this 14th day of September , 1992. ',� Marilyn J. 17-0-n, City Clerk APPROVED BY THE MAYOR this 14th day of Se•;tuber , 1992. rl lymer, M or Approved form: Lawrence ftti. Warren, Ci Attorney Date of Publication:September 18, 1992 ORD.227:3/5/92:as. 39 ORDINANCE NO. 4367 FOR INFORMATIONAL USE ONLY EXHIBIT 1 Generic Regulated Substances List Where regulated substances are dissolved in or mixed with other non-regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this ordinance. Acid and basic cleaning solutions Antifreeze and coolants Arsenic and arsenic compounds Battery acid Bleaches, peroxides Brake and transmission fluids Brine solution Casting and foundry chemicals Caulking agents and sealants Cleaning solvents Cooling water(not isolated from process chemicals) Corrosion and rust prevention solutions Cutting fluids Degreasing solvents Deicing materials Disinfectants Dyes Electroplating solutions Engraving solutions Etching solutions Explosives Fertilizers Fire extinguishing chemicals Food processing wastes Formaldehyde Fuels and additives Glues, adhesives, and resins Greases Hydraulic fluid Indicators Industrial and commercial janitorial supplies Industrial sludges and stillbottoms Inks,printing, and photocopying chemicals 40 ORDINANCE NO. 4367 Laboratory chemicals Liquid storage batteries Medical,pharmaceutical, dental, veterinary, and hospital solutions Metal dusts Mercury and mercury compounds Metals finishing solutions Oils Paints,pigments,primers,thinners, dyes, stains,wood preservatives,varnishing, and cleaning compounds Painting solvents PCBs Pesticides and herbicides Plastic resins,plasticizers, and catalysts Photo development chemicals Poisons Polishes Pool chemicals Processed dust and particulates Radioactive sources Reagents and standards Refrigerants Roofing chemicals and sealers Sanitizers, disinfectants,bactericides, and algaecides Soaps, detergents, and surfactants Solders and fluxes Stripping compounds Tanning industry chemicals Transformer and capacitor oils/fluids • Water and wastewater treatment chemicals Wastewater treatment sludges 41 f i = EXHIBIT 2 __ _T= ( El)ta LAKE 9REN __ ===_:__- T 'i OF R %,, TON __=__A1Ji ' ROTECTS AREAS Cree1c �� N -:-11.- .2I- ----5-:: :::::::::::::::,- -.:!:;-.13:_.;.i:I i.i'. ArEz ilti:::billiiiiii • .r..----.....--.. A• r .: • r ki i . .................. ..... . ......... ....................... . ...... ........... .,.• •H•!•1'-iiTi•i•N•i•ii-E••ET, _ \tt, ,JjPr_ CEMETERY RD illir � o• . :O'•'•J:r:O J:ds :ti•• - d ••9 f e o. r J: s. FJ •r :t 1µ i• E o.. J r a:- e�'t d ...„:„,:,:„..,:,:,::,..,..,*,..,:,*,:,:,..,*,:„„„„„„„„„,„„„„„„„,„„„„,„,...,...,:..„„„„„:„.,.:.:.:. :d^ i..,„„4:::,:r„.:„,,..,,,,,,,,, . r . f . f. .d. s 6` pp � i O'� F f •f• r• : Yt d: d S :d : s ❖ df •7�. : 4+V :: d :O: C• : t• .J LL :O.•e d f•ssov- sr: 'd b :4•• Or :i .P.rAw:a:'•?wi'w --B •o J• : J ' 'S at 8 ::: J WO, Z ON E 1 Jt: J r :: f. J•. .r. 0 APA ZO _:: . I NE 2 likk' .'\ • - L ' .�.XS EMS .i.i.i.:*i:i...iiii.:9'"'- _ 4 12.,131131::, Techni al Services 0 10 0 6 0 0 0 19...al + ,1.4.,4 l'bert T. Mac • , e, Jr. t. 1 1 : C 6,000 K----- --J - - —1 1 • • EXQIe1T 2 {=yr µ.+: .,,,,s.�r..'u" eELLe;.E c AQUIFER PROTECTION 34 ?j_. rip:!.1 116ISSAQU `rYw i;; A "n .1 Q H. tu,< M••; �,.;. MERCER ISLAND �"M, AREA ZONES :, V-DKV:: I17/ ......� !�� :ti z:K? .a;max n',:>:i� • E <J� C 4�'Sly:': X.axi�i:.'w:c.: :. •� k: • ...;a_ at..',.a._. :Y:=:?�-Y'>-:ax'•�'.w'»..._.+.._'wn.may..'! r9e• �t' ': lakes ? z_•<is,,y_ :i?:;`.#'L,•*,--..-4 a.,,.,1..:z:x.. ,:4 e.,3yf :a a: '41 "SEA :;: ?: r. rsra"' ?H., .. \i_jflt 1+1t�' v:+:yy'J API Zone L r TF. illi:.... R •� ra.: ..x':.. tit .:.r 1:.. 1` / .i a if �:•. `E1 1:221E+T a,7 i:�':: y' API Zone 2 ��. 1 y i '..-4,,,, i .1:0444..;'''•••••••1:.P411••,".-:"..!•-:y ' i'Tait ,. . senama�„-y47V,y' ' i � �j� ' iVi�� 1 �l HiShwaYs ' - . 4.700... ri + : EXHIBIT 2 • BE -- - Ili LL EV UE e i __: :___ -_-_ - U _ __ AQUIFER PROTECTION _ _ __ _ _ _-_-_ = MERCER ISLAND AREA ZONES am 72!_-.:T:::sogg _ -__ I F.,,,::,�-' N '-• • -_ . DOREN . )2 \ . • __- - -__-- _mow-( - 9 Lake " _'-__--------_—__---:-__-__ _--__- _ -- ��'+, ..fie: 'SEA = - = - .�� .o... .o MI es es -- - -- --------- - ----- ="�.. .F.� APA Zone 1 • __ - _ ___=_=_=_ -f \ 111111 : �_ • -- - _— _ _ : : . APAZone2 Ss • '�S�,: �: __:::,,,,-- -54 w i tel— a 2 earns - ==== r�Iltlii - k 15.6.1. 11.. . . . 1.1,10.„. ..._.11111, Highways .ti , `'' ° ih 11111Laitri:1:i;i:i:1*:::::€11:EZ:i:i::i:1:::::: Main Ronda s _ 111Pii:7CEMETE RD Municipal Boundaries 1111111 Pl.'-eiMPIN IRE It ATITIR Tf T1:: `:€< _=' €>:: LIdE rAreuaN Sphere of Influence Boundary I trf‘7:1.4jt Li `_ <:€ ~ : :I iii ill::ys. 1:11. 0 , `oi sf0 '\APA ZONE . _:_:: _r . _ �_ •�• ".• ' \� Llad MACDONALD f .._ �i uA vA I ,i......„..._ 1 1 _ - F, / / artle' 1 --.cp ... ,_ I pm • tum Dau!u ;=- • ...k. 1?0 . + HR + • d IA*: --- SPRIXC Llan . ._ 4 4 .,.-.---. . • • . SHADY LUX 0 6000 12000 KENT ANTHaR LACE -_- • _______--__ 1 :72000 - r • _ _-__----==-- UTILITY SYSTEMS - - - LU¢ YOUNCS • • P/B/PW Technical Services • 28 January 1992 - -` ____ -` Eoba:t T. Mao Onia Jr. i _ Source: RH2 Engineers 1/21/92 J ORDINANCE NO. 4367 EXHIBIT 3 LEGAL DESCRIPTION OF ZONE 2 WELL FIELD AQUIFER PROTECTION AREA (APA) IN THE CITY OF RENTON (KING COUNTY),WA Descriptions are based on information from the King County Assessor maps. The APA boundary line joins the City of Renton existing corporate limits line at the northerly and southerly sides of the APA Zone 2 area. The easterly APA boundary line is the existing City of Renton corporate limits line. The westerly APA boundary line is described as follows: Beginning at the northeast corner of the southeast 1/4 of Section 32,Township 24 North, Range 5 East, of the W.M., which is at the intersection of S.E. 88th Street and 116th Avenue S.E. point of beginning Thence westerly along the north 1/4 section line approximately 1180 feet to the intersection with the current City of Renton Corporate Limits Line, 1 (Start of Zone 2 Legal description boundary) Thence westerly along said 1/4 section line approximately 1440 feet to the northwest corner of the southeast 1/4 of Section 32, Township 24 North, Range 5 East,of the W.M., 2 Thence southerly along centerline of said section approximately 670 feet to the intersection with the easterly prolongation of the centerline of S.E. 90th Street, 3 Thence westerly along said prolongation line approximately 600 feet to the intersection of S.E. 90th Street and 106th Avenue S.E., 4 Thence southerly approximately 660 feet to the intersection of 106th Avenue S.E. and S.E. 92nd Street, 5 Thence westerly approximately 680 feet to the intersection of S.E. 92nd Street and 104th Avenue S.E., 6 Thence southerly approximately 650 feet to the intersection of 104th Avenue S.E. and S.E. 94th Street, 7 Thence westerly approximately 1290 feet to the intersection of S.E. 94th Street and 100th Avenue S.E., 8 Thence southerly approximately 690 feet to the intersection of 100th Avenue S.E. and S.E. 96th Street, which is the Northwest corner of Section 5,Township 23 North, Range 5 East, of the W.M., 9 Thence southerly along the west line of said section approximately 410 feet to the intersection with a survey traverse line within the Northern Pacific Railroad Right-of-Way, 10 Thence S 45-20-57 E., 896.84 feet along said traverse line to an angle point, 10A Thence S 18-37-12E, 3331.10 feet along same said traverse line to an angle point, 10B 44 ORDINANCE NO. 4367 EXHIBIT 3 Thence S 6-07-12 W, 768.72 feet along said traverse line where it intersects with the south 1/4 section line of the Southwest 1/4 section of Section 5,Township 23 North, Range 5 East of the W.M., 11 Thence easterly approximately 894 feet to the southeast corner of said 1/4 section, which is also the intersection of 108th Avenue S.E. and N.E. 12th Street, 12 Thence easterly approximately 1320 feet to the intersection of N.E. 12th Street and 112th Avenue S.E. (Aberdeen Avenue N.E.), 13 Thence southerly along Aberdeen Avenue N.E. approximately 610 feet to the centerline of N.E. Park Drive, 14 Thence easterly along N.E. Park Drive approximately 1540 feet to the intersection of Edmonds Avenue N.E., 14a Thence southeasterly along N.E. Park Drive, approximately 610 feet to the intersection of the east-west 1/4 section centerline of the Northwest 1/4 section of Section 9, Township 23 North, Range 5 East, of the W.M., 15 Thence easterly along said 1/4 section centerline approximately 2190 feet to the intersection of the North- South centerline of Section 9, Township 23 North, Range 5 East of the W.M. (Monroe Avenue N.E.), 16 Thence southerly along said section centerline (Monroe Avenue N.E.) approximately 330 feet to the intersection of Monroe Avenue N.E. and N.E. 10th Street, 17 Thence easterly along N.E. 10th Street approximately 660 feet to the intersection of N.E. 10th Street and Olympia Avenue N.E., 18 Thence southerly along said road centerline approximately 250 feet to the intersection with the centerline of N.E. 9th Street, 19 • Thence easterly along said road centerline approximately 260 feet to the intersection with the centerline of Pierce Avenue N.E., 20 Thence southerly along said road centerline approximately 620 feet to the intersection with the centerline of N.E. 8th Street, 21 Thence easterly along said road centerline approximately 400 feet to the intersection with the centerline of Queen Avenue N.E., 22 Thence southerly along said road centerline approximately 470 feet to the intersection with the centerline of N.E. 7th Street, 23 • Thence easterly along said road centerline approximately 160 feet to the intersection with the centerline of Redmond Avenue N.E., 24 Thence southeasterly and then southerly along said road centerline approximately 740 feet to the intersection with the centerline of N.E. 6th Place, 25 45 ORDINANCE NO. 4367 EXHIBIT 3 Thence westerly along said road centerline approximately 260 feet to the intersection with the centerline of Queen Avenue N.E., 26 Thence southerly along said road centerline approximately 260 feet to the intersection with the centerline of N.E. 6th Street, 27 Thence westerly along said road centerline approximately 1,320 feet to the intersection with the centerline of Monroe Avenue N.E., 28 Thence southerly along said road centerline approximately 500 feet to the intersection with the centerline of N.E. 5th St., 29 Thence westerly along said road centerline approximately 320 feet to the intersection with the centerline of"L" Street, 30 Thence southerly and then westerly along said road centerline approximately 1,000 feet to the intersection with the centerline of Jefferson Avenue N.E., 31 Thence southerly along said road centerline approximately 260 feet to the intersection with the centerline of N.E. 4th Street and the south section line of Section 9, Township 23 North, Range 5 East, of the W.M., 32 Thence westerly along said section line approximately 1,660 feet to the intersection with the centerline of Edmonds Avenue N.E. and the southwest corner of Section 9,Township 23 North, Range 5 East, of the W.M., 33 Thence westerly along the south section line of Section 8, Township 23 North, Range 5 East, of the W.M. approximately 700 feet to the intersection with the easterly right-of-way line of the Puget Sound Power& Light Co.transmission line right-of-way, 34 Thence northwesterly along said right-of-way line approximately 1450 feet to the intersection with the north line of the south 30 feet of the north half of the southeast quarter of Section 8,Township 23 North, Range 5 East,W.M., 35 Thence westerly, along said north line, approximately 900.00 feet; 35A Thence southerly at right angles to the previous mentioned course, approximately 496 feet to the intersection with the southwesterly margin of the Burlington Northern Spur Line; 36 Thence southwesterly approximately 1347 feet to the intersection of the centerline of N. 4th Street with the centerline of vacated Meadow Street; 37 Thence westerly along the centerline of said N. 4th Street approximately 282 feet to the intersection with the centerline of Garden Avenue N.; 37A Thence westerly along said road centerline approximately 730 feet to the intersection with the centerline of Pelly Avenue N., 38 Thence southerly along said road centerline approximately 670 feet,to the intersection with the centerline of N. 3rd Street, 39 Thence westerly along said road centerline approximately 270 feet to the intersection with the centerline of Wells Avenue N., 40 46 J J ORDINANCE NO. 4367 Thence northwesterly along N. 3rd Street centerline approximately 370 feet to the intersection with the centerline of Williams Avenue N., 41 Thence southerly along said road centerline approximately 620 feet to the intersection with the centerline of N. 1st Street, 42 Thence northwesterly along said road centerline approximately 20 feet to the intersection with the centerline of Williams Avenue N., 43. Thence southwesterly along said road centerline approximately 470 feet to the intersection with the southwesterly right-of-way line of the Cedar River waterway, 44 Thence southerly along Williams Ave. approximately 1040 ft.to the intersection with the centerline of S. 2nd Street, 45 Thence southerly along Williams Ave. approximately 560 feet to the intersection with the centerline of S. 3rd Street, 46 Thence easterly along said road centerline approximately 600 feet to the intersection with the centerline of Main Avenue S., 47 Thence southerly along said road centerline approximately 560 feet to the intersection with the centerline of S. 4th Street, 48 Thence easterly along said road centerline approximately 190 feet to the intersection with the centerline of the Prim. State Hwy.No. 1 right-of-way, 49 Thence easterly along S. 4th Street centerline approximately 480 feet to the intersection of the centerline of the Cedar River pipe line right-of-way, 50 Thence southeasterly along said right-of-way approximately 1950 feet to the intersection with the south section line of Section 17,Township 23 North,Range 5 East,of the W.M., 51 47 L u ORDINANCE NO. 4367 Thence southeasterly along said right-of-way approximately 3,900 feet to the intersection with the east section line of Section 20, Township 23 North, Range 5 East, of the W.M., 52 Thence southerly along said section line approximately 2,370 feet to the southeast corner of Section 20, Township 23 North, Range 5 East, of the W.M., 53 Thence westerly along the south section line of said section approximately 720 feet to the intersection with the centerline of 114th Avenue S.E. and the end of the westerly APA boundary. 54 48 ORDINANCE NO. 4367 EXHIBIT 4 PIPELINE MATERIAL REQUIREMENTS PIPE DIAMETER CONSIDERATIONS PIPE MATERIAL <4 4-8 10-12 14-20 24-30 36-54 SUGGESTED MATERIAL SPEC (See attached table) Ductile Iron,Rubber Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AW WA C 151,C104 abcdnopr Polyethylene-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151 abcdnopr Ductile Iron,Nitrile Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151,C104 b c d i n o p r Polyethylene-Lined 1,2,3 1,2,3 1,2,3 1,2,3 1,2,3 A\'VWA C151 b c d e i n o p r PVC,Rubber Gasket Joints Blue Brute Cl 150 or 200 1,2 1,2 AWWA C900 a b j 1 n o p r t PVC,Nitrile Gasket Joints Blue Brute Cl 150 or 200 1,2,3 1,2,3 AWWA C900 b i j l n o p r t PVC,Solvent Welded Joints Sch 80 2,3 1,2,3 1,2,3 ASTM D1784,D1785 h j k l n o p r t Welded Steel,Rubber Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C205 a b f g h n o p r Dielectric-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C210 a b f g h n o p r Welded Steel,Welded Joints Cement Mortar-Lined 1,2 1,2 AWWA C200,C205 f g h n o p r Dielectric-Lined 1,2,3 1,2,3 AWWA C200,C210 f g h n o p r High Density Polyethylene Pipe 1 1 1 1 1 ASTM D1248 and D3350 h k p q u Corrugated High Density Polyethylene 1 1 1 1 1 ASTM D1248 and AASHTO k p g s u Pipe-Smooth Interior Insitufomt Liner 4,5 4,5 4,5 4,5 4,5 ASTM D638 m n o p q r PIPELINE SERVICE 1. Storm Sewer 2. Sanitary Sewer and Side Sewer 3. Leachate Pipeline 4. Rehab Existing Storm Sewer 5. Rehab Existing Sanitary Sewer 49 EXHIBIT 4 CONSIDERATIONS ON SELECTION OF PIPE MATERIALS Othermaterials meeting similar performance standards or developed as the result of new technology may be approved b the.Utih • approved Y tY : ,. a. Rubber gaskets may be severely damaged by petroleum products, particularly in prolonged exposures to concentrated flows containing little or no storm water or sanitary sewage. In cases where heavy concentrations of petroleum products may be experienced,nitrile(Nitrile-Butadiene;ie,NBR)gaskets should be used. b. Gasketed joints may not be leak-proof at zero or low pressures, if improperly installed. c. Mechanical joints may be less likely to leak at low pressures than push-on joints. d. May need protective coatings and/or cathodic protection against external corrosion. e. Considered most reliable gasket and lining material for ductile iron leachate pipeline. f. Very difficult to repair linings on inside of joints in pipe smaller than 24-inch diameter. g. Almost always needs protective coatings and cathodic protection against external corrosion. h. Properly made joints are considered leak-proof. i. Nitrile gaskets may require long delivery time. j. Requires special attention to bedding and backfill depth to avoid structural failure of pipe. k. Large thermal expansion coefficient. May need to limit solvent welded joints to 4-inch and smaller pipe. May • require careful evaluation of pipe installation temperature and temperature of pipedliquids to ensure joint integrity. 1. Pipe not available over 12-inch diameter. m. Insituform lining is available in 6-inch through 60-inch diameter for almost any pressure, if sufficient pipe cross- sectional area is available. n. Pressure grouts and gels are not acceptable for rehabilitation or patching of storm and sanitary sewers. o. Suitability of pipe lining and gasket material to resist chemical attack by conveyed fluids must be determined for each pipeline service considered. P. All storm and sanitary sewer manholes, catch basins, and inlets should be equipped with precast concrete bottom and sidewalls with rubber gasketed joints between sections, water-tight epoxy grout pipe entrances through walls, and bitumastic coating of all interior floor and wall surfaces. Manholes, catch basins, and inlets should have no leakage when hydrostatically tested at atmospheric pressure. q. Has good resistance to a number of chemicals,petroleum products,and hydrogen sulfide corrosion. • 50 4. a. w EXHIBIT 4 CONSIDERATIONS ON SELECTION OF PIPE MATERIALS (cont.) r. "Zero leakage" test requirement may be impossible to achieve under the best conditions for any pipe materials because trapped air may distort test results, even in a drop-tight pipe. Pressure and leakage test requirements should consider whether the pipe has steel slope or will stand full of liquid. Pipelines should be tested with the intent to prevent or minimize leakage. Air testing should not be allowed; hydrostatic testing should be as stringent as any found in the industry. Pipe materials, without regard for chemical attack, corrosion, or puncture, are generally ranked as follows, in decreasing order of liquid-tight reliability: • welded steel with welded joints • PVC with solvent welded joints • Insituform liner • ductile iron with viton or rubber gaskets • welded steel with rubber gasketed joints • PVC with viton or rubber gasketed joints s. .Joints should consist of"heat-shrink"wrap,standard corrugated coupling,and full pipe band clamps.. t. The use of PVC may be restricted by other Utility policy in regards to depth of pipe cover. u. HDPE may be adversely affected by solvents;its use is not recommended where contact with solvents may occur. H:Aquifer/AP0803/bh 51 WIL CITY OF RENTON UTILITIE.. _,EMENT R, �(>1 V4. T" fk' �` q l TABLE OF CONTENTS Page General Policies V-3 City Managed Utilities V-4 Non-City Managed Utilities V-5 Water Supply V-6 Wastewater System V-12 Surface Water V-18 Solid Waste V-24 Electrical Systems V-30 Natural Gas and Fuel Pipelines V-35 Telecommunications V-40 • V-2 CITY OF RENTON UTILITIES ELE JT Summary: The Utilities Element guides future utility service within the greater Renton area. It helps ensure that adequate utilities will be available to both existing and new development. It also ensures that utility improvements will be used to help implement the Comprehensive Plan and will be phased according to community priorities. The Utilities Element indicates how utility improvements can be used to maintain equitable levels of service, guarantee public health and safety and serve new development in a timely manner. In addition, the Utilities Element defines how to minimize the detrimental impacts of utility improvements on surrounding development as well as the community as a whole. The Utilities Elements looks to promote efficiency in the provision or improvement of service wherever appropriate and feasible. In addition, it asks that the costs of improvements should be distributed in an equitable manner. Beyond the city's existing boundaries, the Utilities Element fosters coordination with regional and adjacent utility systems. It also guides the provision of services to areas outside of the City but within the City's planning area especially in cases of annexation. The City of Renton provides water, wastewater and stormwater utility services for citizens residing within the city limits and by agreement with other purveyors for some areas located outside of the City's boundaries. Renton contracts with a private hauler for collection of solid waste and residential recycling. Other utility services which affect the City and are discussed within this Draft Background Report include: cable television, conventional telephone, fiber optic cable systems, cellular telephone service, natural gas, petroleum products, and electricity. (See the Annexation Section of the Land Use Element, the Stormwater Section of the Environmental Element and the Capital Facilities plan Element for policies related to the Utilities Element.) General Policies Objective U-A: Provide an adequate level of public utilities in response to and consistent with land use, protection of the environment and annexation goals and policies. Policy U-1. Utility facilities and services should all utility systems in a manner that reasonably be consistent with the growth and development minimizes impacts on adjacent land uses. concepts directed by the Comprehensive Plan. Policy U-6. Where appropriate, encourage Policy U-2. Promote the collocation of new conservation in coordination with other utilities public and private utility distribution lines with and jurisdictions. planned or pre-existing systems (both above and below ground) in joint trenches and/or right-of- Policy U-7. Continue to encourage the ways where environmentally, technically, coordination of non-emergency utility trenching economically and legally feasible. activities and street repair to reduce impacts on mobility, aesthetics, noise and other disruptions. Policy U-3. Process permits and approvals for utilities and facilities in a fair and timely manner Policy U-8. Continue to coordinate the and in accord with development regulations that construction and replacement of City-managed encourage predictability. utilities with other public and private infrastructure in order to minimize construction Policy U-4. Strive to protect the health and safety related disruptions and contain costs. of Renton citizens from recognized harmful effects of utility generated environmental hazards. Policy U-9. Where appropriate work cooperatively with other jurisdictions to ensure Policy U-5. Encourage the appropriate siting, that reliable and cost-effective utilities are construction, operation, and decommissioning of available to meet increasing demands resulting from local and regional growth. V-3 CITY OF RENTON UTILITIE" ENIENT Policy U-10. Where appropriate require Discussion: The above general policies are reasonable landscape screening of site-specific designed to insure that utility services are safely above-ground utility facilities in order to diminish and efficiently provided, and are constructed in'a visual impacts. environmentally sound manner which reasonably mitigates impacts on adjacent land uses. The Policy U-11. Identify utility capacity needed to policies also emphasize cooperation and accommodate growth prior to annexation. Do not coordination with other agenciesrjurisdictions, annex areas where adequate utility capacity cannot and purveyors to create and maintain utilities. be provided. City-Managed Utilities Objective U-B: Provide and maintain safe, reliable and adequate utility facilities and services for the City's current and future service area to meet peak anticipated demands of the City in an efficient, economic and environmentally responsible manner. Policy U-12. Approval of development should be conditioned on utility systems t _ — ryh3:y-, { r with capacity to serve the ?k�FYs40 , gi^kscsgc1)/(1' development, without ,.htifl. ,i decreasing locally established J 1C1 fz. �:y.�^T,^:•;�£': o�I _ 4� : , !O levels of service, beingin placesiormwates y�,4? or with a financial commitment storage tpi$4 4'4 PD k § 6 �R: >� ,to provide service within a •: specified time frame. * "_ r, 1: :' ' E Policy U-13. Coordinate the •f. :.•• • ° i i * extension of utility services `� w �; " "INh• ., `�, . ~ ]�y«. • with expected growth and - :n . k:` I. ;�,: ^, r iia • ,..`;�r '%LIr":•"..e. development. ,•; 4: .: ' .'Iti• 'i:. ' kw, fay;:A Policy U-14. Apply level of service standards consistently throughout the service area for city-owned or Policy U-17. Timely and orderly extension of managed utilities. If necessary, this level-of- City provided utility services (water, sanitary service standard may be phased-in over time. sewer, surface water, solid waste) should be provided within the City's existing and future Policy U-15. Preference should be given to service areas to meet public health and safety capital facility improvements which will support requirements. the development and redevelopment of the Downtown, mixed use centers, the Urban Center Policy U-18. Water, sewer and stormwater and other high growth areas concurrent with facilities and services should be in place prior to anticipated growth. occupancy of development projects. Policy U-16. Encourage the use of water and Policy U-19. Implementation and coordination energy conservation technologies throughout the programs for the improvement, phasing and City. financing of water, sewer and stormwater V-4 CITY OF RENTON UTILITIES ELEI T infrastructure should be developed consistent with Policy U-24. The owners of all properties, the Land Use Element of the Comprehensive Plan. located in unincorporated portions of the Renton Planning Area and outside of municipal service Policy U-20. All development should be required areas, should be required to sign a covenant to to pay an equitable share of construction costs for annex and agree to develop in accordance with the improvements to utility systems for water, sanitary City's development standards, if granted City sewer and stormwater necessitated by that utilities, except in the cases of threat to public development. When utility improvements will health and safety. provide a general public benefit, the City may contribute funds for the construction of Policy U-25. Pursue orderly annexation of all improvements to utility systems to support the lands that have recorded covenants to annex or public interest. that receive City water and sewer service. Policy U-21. Upon annexation, if there is a threat Policy U-26. In the event of a threat to public to health and safety, the City may require health and safety, the City utilities may use utility upgrading of the deficient infrastructure as a resources to prevent or mitigate such threats. condition of the annexation. Discussion:. The above general policies are Policy U-22. The City shall not be responsible designed to insure that utility services are for funding the immediate upgrading of utility provided concurrently with new development. The systems located in annexed areas. At such time policies are designed to prevent unplanned that the existing infrastructure is replaced, disorderly land development which can demand upgraded or extended, the new infrastructure must costly infrastructure upgrades and expensive conform to City of Renton standards. temporary solutions. Annexation policies related to utility provision are intended to create a strong Policy U-23. When an annexation encompasses connection between the Comprehensive Plan and property served by a utility district, and that the City's ability to implement it. City utility district continues to provide service, that district facilities expansion is to further the goals of the will be required to execute a franchise agreement City not to expand utility facilities. with the City in order to operate within the City. Non-City Managed Utilities Objective U-C: Ensure non-City managed utilities provide service commensurate with required State mandated public service obligations and established safety and welfare standards. Policy U-27. Coordinate data exchange with accordance with rules, regulations and tariffs utility planners for use with the City of Renton's applicable to the serving utility. geographic information system. Policy U-30. New or reconstructed structures, Policy U-28. Upon renewal, all franchise towers, and transmission lines should be designed agreements should be reviewed for compliance to minimize aesthetic impacts appropriate to their with the City of Renton Comprehensive Plan and surroundings whenever practical. the State of Washington Growth Management Act. Policy U-31. Coordinate periodic updating of the Policy U-29. New telecommunications and utility element and relevant implementing electric utility distribution lines should be installed development regulations with adjacent underground within the City where practical in jurisdictions and purveyors. v-s , CITY OF RENTON UTILITIES ELEMENT Policy U-32. Encourage the exchange of Policy U-34. Ensure that development regulations information relevant to public and private planning are consistent with and do not otherwise impair processes. the fulfillment of the serving utilities' public service obligations. Policy U-33. Recognize and continue to allow utility facilities that may have regional significance Discussion: The above policies are designed to to locate within the City, consistent with the goals insure Renton is aware of proposed non-city and policies of the City of Renton Comprehensive managed utility facility upgrades and that utility Plan. purveyors are fully aware of the City's needs. Water Supply • Objective U-D: Provide, protect and maintain a consistent, ample and safe water supply for the City and future service areas. Existing Conditions The Renton Water Utility is operated as a self-supporting enterprise utility under the direction of the Mayor and City Council. Operations are guided by policies of the City of Renton Comprehensive Water System Plan, 1992. City of Renton Utility Service Area The City of Renton's Water Utility System provides service to an area approximately 16 square miles in size, and to more than 12,000 customer accounts (Figure 2-1). In addition, the City supplies water on a wholesale basis to the Bryn Mawr/Lakeridge Water District through a single metered connection. Boundaries of the water service area are defined by the City and approved by King County. The City's service area boundaries are not necessarily the same as the corporate boundaries of the City. Agreements between Renton and adjacent purveyors allow Renton to serve some areas outside of the city limits, and provide for other districts to serve limited areas within Renton's corporate limit. Existing City Water Supply Facilities Within City Limits Current active water supply sources include six wells in a shallow aquifer and one artesian spring. Construction of additional new supply (Maplewood Wells 11 and 17) is nearly completed (December 1993) and could be used by the City. Wells provide ninety-six percent (96%) of the City's water supply capacity. Additional standby supply is provided by six other sources which include inactive wells and interties with neighboring systems. Five metered connections to Seattle's Cedar River and Bow Lake supply pipelines are also available for emergency back-up supply only. Renton's use of groundwater resources necessitates chlorination and fluoridation facilities. As a result of Renton's topography, Renton's service area encompasses twelve hydraulically-distinct pressure zones. A system of booster pump stations and pressure reducing stations allow water transfer between zones. Currently there are seven reservoirs in the City's water supply system, strategically located to provide adequate equalizing and fireflow storage. Pressure reducing valves are used to supply lower pressure zones from higher pressure zones that contain water reservoirs. V-6 CITY OF RENTON UTILITIES ELEMENT Because of pressure zones, the City's system is maintenance-intensive, with facilities for pumping, water quality control, and emergency power generation. Figure 2-2 illustrates the location of all wells, interties, booster stations and reservoirs. Capacity of Existing Facilities City wells and Springbrook Springs currently provide 13,300 gallons per minute (gpm) or 19.16 million gallons per day (mgd). When Wells 11 and 17 are fully operational, active supply will increase to 17,300 gpm or 24.91 mgd. Standby supply provides an additional 5,285 gpm or 7.6 mid . Existing emergency water supply sources can deliver 9,500 gpm or 13.68 mgd. Together, active, standby and emergency wells provide 32,085 gpm or 46.2 mgd. The Washington State Department of Health has established guidelines for estimating the amount of supply necessary for adequate water supply. Renton's existing supply capabilities could currently serve about 53,440 people. According to the 1990 Census, Renton's population in 1990 was about 41,358 people. Forecasted Conditions - City of Renton City of Renton Future Water Utility Service Needs The following forecasts are based on Puget Sound Regional Council projections which have been allocated by the City of Renton, based on local assumptions. Expected increases in population will result in a total of 57,409 persons (or 25,956 households) living within the current city limits by the year 2010; and, 77,752 persons (or 29,128 households) in the annexation area: The total forecast population of Renton's Planning Area is expected to be 135,161 persons (or 55,084 households) by 2010. Total water demand for the City of Renton is projected to increase by about 4.3 million gallons per day (mgd) by the year 2010. This represents a sixty percent (60%) increase in demand over the current average daily demand of about 7.1 mgd. Most of the projected increase in demand (1.8 of the 4.3 mgd_increase) would occur in the 196 Pressure Zone which serves Downtown and the Valley floor. Much smaller increases are anticipated in the City's remaining pressure zones. The total projected demand by 2010 of about 11.4 mgd is anticipated and provided for in the recently adopted and approved 1992 Renton Comprehensive Water System Plan. The development of additional water supply from the Maplewood aquifer (beneath the Maplewood Golf Course) should produce adequate quantities of water to accommodate projected growth, provided the City's existing supply is not lost through contamination or some other unforeseen event. City of Renton Future Source of Supply Water demand will continue to increase as the City's population grows. In response, the City has' rehabilitated one well and developed two others on the Maplewood Wellfield, Wells 11 and 17. If no other supply sources are developed, the additional supply from the three wells will adequately meet demands until 1995, when demand will equal supply. The Maplewood Booster Station is being designed to handle a supply that is greater than the supply from Wells 11 and 17. Developing the wellfield will provide water supply to accommodate additional growth. The wellfield taps into a middle aquifer and deeper aquifer. Thus far, all wellfield developments have tapped into the middle aquifer. Development of the deep aquifer is still in the exploratory phase. Three production wells are currently planned for this area. va • r .E::.':'2 't a C� --tn I ,`�' - - ;: ',r___ �7 Liu LJ ILS.A. z`? ♦ 1 i 4 MERCER i.• Figure MER R y\->>' -.:,-...::::,-4..--.,, -LALL DD rV I ISLAN� t I "4"0...34 EWC ��``�E - N ASS L S..‘ `': ., >. e••i WD X07 ts'x: �,Sp S - -J I _ y X13' . 4 • F f•I 4 n m.oa _ a 7 Q" O 4• ;;Esso- 3i,,*0:F:tB�..: `s;:t¢,rT •••••► •\ ..i yr =v<j = kr�:m;..:,.: •......• L EXISTING WATER ,i`''N::;f'4.<# :,;z? - :`%ter-<s2:s:: ,,,,,--„,s 1❖.4,4 ; \\ �A.•".'[��e;v '� :;: ;:r: .0.-:.•..,---..•.� I SERVICE AREA 1\E: ::-, ..%"-"y sx":pv..,,, ;r.:...t,.,,,..i,•E: ^.••••••4•p•►.•••❖e�f'ip.�.'••'•J4W4"t� _ ` , • �� .. • Aro - ▪ - ``<>c a'.M.;13.`,s•.V,,::>'-s�� .77•••••••an.•%••••►•••I►•••••fiw44 ' z CI SE.1ja MAWFi', '>'•;.fi r<;iz r%;:r te":o",••••i:,A❖••••••P••••.►•4,,,,►••••1 o i L AKERmaEs ' ;;0 ;E:,-3, 'i ` > 4.4••iVIP *•.►•••••••••••7•••J►••4•W4•4f t - i \ I DIS C+- j''*•••••••••••y j•�D j-j�� •��j••��••••••�•j•••ir•p���� z y S ATA • ".4•464'40`•••••••••14'4••••► •••••��►••tA•O•.•i O•••••••t►••••ei• —i ... �c AND SE ►:•".4• r •• i•••*.0••••4►•••••••,,.••••••:►••••,4 r DISTRI� a i_.•►••i,4Ph►'••••Rt ►i:••••44."••44►•j•••••p••••••••►••••*144 . by w...v _ 1�••••P•1.•.'A�►•N��►►A�.••�F►•••!�►•••••.�a�•�.�.••�.�•�•�•i rrurre•n0 4'4�•'•J•l••••*4••:j'AI<N 1MA..4•i0 •0.•••••••••••••••••••••.•••• I I 'S` fi,...1./ •4••••••••• .•o••❖.❖.❖i0•i•^y►,••••••i o iO�i+•••..•••••••49 i �'ss' I • %%.••.1'•Y'••••••Y-•O O:*•••••••••••••?1.)•."I .; L— .1 `GA'L.YACDf.VALD I y •...►.....•....0.•I►•.......•.......... �-, let KArr.LLL.`I Service Area Boundary TOKwO A '•ee-,•.••!i•.,e.❖0#•••••❖.••❖•••❖.••••••., •7a�.•._,,,,. i i i ►�••j•••j�j City o f Renton ...L..•4+.^O�.►.....•••••....1. �.•..• 1� 9•.w94�3.•i.0�.1..0.•..•...••...• �..4 _ • •• ••••' Water Service Areas Il~1C''••i►i•l•i•i❖i••�iiii►itliiiiio°i•.•.•iiiiii�i! ....T.. � �;:� r ♦.....O.o•.....5.-.....f � — �,� City Limits ►.•.•.•.•.•.•.•.•••.•.•.•.N.•.i.•.O.VV.. E 7.71..E r.o �� `11• It:::.;:.:+:44:4.1.044440:.4r. , \I ---------• Urban Growth Boundc�•• I " ,• W�eltA4►i�►❖•►••0►�•6I•i \� - Sphere of Influence I • .. .... CEDAR RIVER y ►.•••••••••••••••••••...1 1•❖•••❖4►.•••••••U••❖t I WATER SEWER ASDDIST. I= �_L' I a "•••••••••••••,•••A:io•.:i❖o�►• eoi•,►•ii `,4/ •••••••°.••i••••11 ' I I I I ' f' i 0 5000 10000 1. I ••.• • o••• o•• f I I r__ F-.• 1 —.1 - 0•••••••••••.❖.❖.Q.•••►,�� - I SDI SCREEK • - L i�•.DEVISE t' ... WATER AND• • ‘? .�.N V$ I SEWER DISTRICT .;:� --- ----rte I .• • -� CITY �•j�i!j�- I `�< r'--—--J \ ;,I : . Note: For graphic presentation only. KENT ♦••j I I r Facilities are not to scale. .•* - ------ - _ \ I SPNI.VC ULE. \ i KENT .I •+ ►r••1R -: -. InADF..ILC 1 1 I -� :; I I . LONG RANGE PLANNING ,- -� I c: O.Dennison LI__ !m 1, - r r _Im:p_or noicl_vr� R.MacOnie. D.Visneski C! '1 I 1 '.•pt.rrnea LIKE .r J • - - -- ,•�. 24 March 1995 'I i '•�. t L.KL IDt I \ `rte SOURCE: RI12 ENGINEERING, 1994 - I - ' BELLEVUE �- [� ' .. I ..:. ,�____ _ / Biu LJ 'l ii ISSA Figure 2-2 ISLAN a%t GAT aonrn 1 / 1 NEWCA'I. LE I I a` r P . 1� n i f .. p R e p P 1 P n L ., N P ATE 1111* EXISTING TIN WATER f .v XS G f I C - - L 1 h r• - LI IE FAITS I C f.44. L797'%' - ,� L it P, \'''' I- 2 _ 401112121% n I. SE TLE ti'fqVingigniaZtk o i n s ' - - V -.1r;--r----.:;;:4...:,....;:.;.:...;...;.1.:_:.4r::-- u 0 21 II - r LL 1 m _ tIII !D rn. .,... I 1 '1 1 c Iz . ., I —J \''t: ' ... .. _, • , i� f1 \` 1;:, herel;:. � cenncj_an• `IRt.N •AC I ��.. i l \-- - I i i Service Area I t::.. t i� •• J ure.vAcuon.ILa i • Wells AAE KAr iura.Y _ \ / ' • i' ) n I Booster Station i f t �`:�r - z. l ( �. ! o Reservoirs li_ ,, of `��_ r:`�,�`. In tertie - - 1(_ I tA.4--____:/ �� 4:w«Lv.:;:=z�� i 1 - City Limits • -------- Urban Growth Boundary C' 1 i ---�--\ \ I i a i *>V I~ i - -'- -'-•-..- Sphere of Influence '7 II :�,� 1 i I \, i I) .c •t 1 r t 1 �• ii'-'-— --J �I Note: For graphic presentation only. •__J I I tl, I _ I Y Facilities are not to scale. pig '• \ \\ -" i /'Rl�C LA.I'F \�\ • KENT i •,Dr LIRE T WI i -C I: I . LONG RANGE PLANNING il) ' i- ! I'd -I • I O.Dennison j - �i� - S I \� r. - r,_,,E.•_::?i I.n_,..•., • • R.MacOnie,- D.Visneski I I 1 •,..reEa:.i e .r� • �- 24 March 1995 i :,,1 I \•� I . LINE MAWS \.l 1 \ ♦ %' SOURCE: RH2 ENGINEERING. 1994 • CITY OF RENTON UTILITIES.ELEMENT Policy U-35. Protect water resources to,assure Policy U-37. The intensity and type of continued long-term, high quality groundwater and development should be limited, in the Aquifer surface water supplies. Protection Area, to those types of development that do not create adverse impacts on the aquifer. Policy U-36. Ensure that there is an adequate supply of high quality potable water to meet Policy U-38. Designate and protect areas of current and future water needs. aquifer recharge within the City's.Sphere of Influence boundary. P4'5",:fikk .,,Ycep,.." ; ' - - ' ‘..:.'V''''ik "C':,' 'T ' '''. 'W. r- s. .�� s3 .ice f;�y � �'�. �y ',7!..' -;' 1 t ,+. .. . ,,., _ „.„...., , , ,, , ,. , .,.., .. .. , ,* „.„...,',-'VulAVA„' --' 1 „ ,,. tk 41.-"•'-'" L '1.,4.7..1'.4,-; � . +a + ' # zY " , {� c t` , ''+did:. as'i I 't'i:.. s „�, •.:-,ti .'i'. �`y...{{{ .:�Aa G�`'$",b3.».6.:yam"mT.,�. ��oA1' N.a .+.YY .xf $.:41),t,-.., '.: 'm -- 4‘14(,. ....7 ^.444 a 4D x, ° .w 1 "" '� „ y�i yr '.�4,� ka,si S.y.wb-: ', S >d-. 3a�`+ .+ASS,y'�;; ! � r�/ " yW :,'-_i...r..6E Cv, er" .'. s#Y.!k'..w '... ',..s3:'a :�.;r.:o,.^ !"+"�,„ i„,,.,yw i' .'^.,.:mss.,'a...- Policy U-39. Water supply sources (i.e. wells, of contaminants through the aquifer area. and Springbrook Springs) should be protected Groundwater contamination would directly and from uses and activities which have been immediately affect all Renton water customers. determined to be hazardous to these sources. The Renton City Council has ranked aquifer protection as its number one priority, and it is the Discussion: Groundwater is Renton's primary single most important issue in providing a reliable source of water. Nearly all of the City's water water supply to the service area. supply comes from the shallow Cedar River Aquifer and from Springbrook Springs. Policy U-40. Continue to promote the efficient Development of groundwater supply has been and responsible use of water through conservation successful in that it has provided substantial and public education programs. volumes of very high quality water. It is assumed that the potential for increased withdrawal rates is Policy U-41. New alternative source supplies of possible and that the aquifer is the City's best potable water should be developed through wells source of long-term water supply. or other sources. The aquifer is shallow and is covered by Policy U-42. The City's Water Utility will strive permeable material. Therefore,potential to meet maximum day demand during a reasonable contamination problems exist from industrial, "worst case” supply system failure. commercial, and residential development in the aquifer recharge area and from the transportation v-io CITY OF RENTON UTILITIES ELEMENT • Policy U-43. Coordinate with the regional Policy U-48. Renton will use water service wastewater purveyor to develop programs to boundaries established by agreement as a result of substitute reclaimed wastewater for potable water regional coordinated water system plans, and in landscape watering, heating and cooling agreements with the City of Kent. buildings, and other safe uses, whenever practical. Policy U-49. Renton will follow state guidelines Discussion: The City must assure that water in assuming portions of adjacent water systems as supplies will be adequate to serve future growth. a result of annexation. This can be accomplished through prudent use of current sources, the acquisition of new sources Discussion: The maximum level of sustainable and water reuse programs. draw from the City's groundwater system is not currently known. Therefore, it would not be In Renton, thousands of gallons a day of high prudent to commit Renton's potable water quality drinking water are currently expended in resources to supplying future growth in areas applications for which reclaimed water is a outside of Renton's present city limits when other possible substitute. The cost of treating effluent service options are available. Obligating the City for reuse is generally less than acquiring and to provide unincorporated areas with water might developing potable water supply for non potable impede annexations. This policy direction is not uses. Using reclaimed water also improves the intended to preclude provision to neighboring quality of water bodies by reducing the amount of areas prompted by emergency conditions. effluent discharged into them from wastewater PolicyU-50. Continue to actively treatment plants. Renton is integrating a reuse participate in regional supply forums in order to reduce the cost program into its water resource management of service and improve reliability, quantity and program. water quality. Policy U-44. The availability of adequate fire Policy U-51. Pursue the elimination of all supply flow should be assured prior to the issuance of from the Seattle Cedar River Transmission commercial or industrial building permits or the Pipelines, and supply all customers within the approval of residential subdivisions. Water System's service area from the City's Policy U-45. Allow extensions of water service supply sources. However, the Seattle supply without annexation to areas outside of the city meters will remain operational to provide limits within the City's water service area or when emergency supply if it is necessary. no other reasonable service is available AND it is Policy U-52. Areas annexed with existing determined by the City and/or State Department of municipal water supply should be responsible for Health that a public health emergency exists or is the costs of utility system improvements needed to imminent. All property owners of development in raise the level of service to City standards. These unincorporated King County who are granted City upgrades may be phased over time if necessary. water services should be required to sign a covenant to annex. Policy U-53. The City may defer compliance with Renton Water Standards in the case of temporary Policy U-46. Renton Water Utility will serve areas annexed to the City which do not have or emergency water service. existing municipal supply. Policy U-47. Renton will not supply water to areas annexed with existing municipal water supply. v-n CITY OF RENTON UTILITIES ELEMENT Policy U-54. Utilize water conservation and reuse Discussion: These policies will help the City programs to ensure adequate water supply to meet ensure that adequate water supply is available to the essential needs of the community. serve all portions of the municipal service area at adopted standards. Wastewater System Objective U-E: Provide and maintain a sanitary sewer collection system that is consistent with the public health and water quality objectives of the State of Washington and the City of Renton. Existing Conditions The Renton Wastewater Utility is operated as a self-supporting enterprise utility under the direction of the Mayor and City Council. Operations are guided by policies of the City of Renton Long-Range Wastewater Management Plan(current version adopted April, 1992). City of Renton Utility Service Area Renton's sanitary sewer service is provided by the City's Wastewater Utility. Portions of Renton are served by adjacent water and sewer districts under interlocal agreements. Boundaries separating the City's sewer service area from adjacent districts have been agreed upon by the purveyors and the City. It has been Renton's policy to allow these districts to continue to serve areas after annexation by Renton until assumption of service to these areas is logical, in accordance with State law, and in the City's interest. Figure 3-1 shows existing service areas for Renton and adjacent districts. The City of Renton Wastewater Utility serves approximately 10,200 customers (residential and business) which includes approximately eighty percent (80%) of the City's population and seventy (70%) percent of the City's land area. The remaining twenty percent (20%) of the population currently uses private, on-site, wastewater disposal systems. General Description of Existing City Wastewater Facilities The City of Renton is divided into six major wastewater collection basins, each of which consist of one or more sub-basins. For the most part, these collection basins and sub-basins follow the natural drainage patterns of the Renton service area. Where the collection basins do not follow the natural drainage patterns, it is typically due to lack of downstream facilities and the need to pump from a given point into an adjacent drainage basin. Renton's sanitary sewer system consists of about 153 miles of gravity sewers, 23 lift stations with associated force mains, and approximately 3,000 manholes. Wastewater is discharged to regional facilities (Metro) at 55 locations within the City's service area. The sewage is then conveyed to Metro's East Division Reclamation Plant at Renton. Currently, Metro's wastewater treatment consists of primary treatment, secondary treatment, and bio-solids processing. The location of Renton's sewer interceptors and lift stations, as well as Metro's sewer trunk lines are shown on Figure 3-2. Capacity of Existing City Wastewater Facilities Computer hydraulic modeling of the City's system has revealed that facilities in several basins are near or over capacity. V-12 CITY OF RENTON UTILITIES ELEMENT In addition, there are two other capacity issues, one related to Metro and the other in regard to adjacent utilities. During peak flows, Metro will use its interceptors for storage of wastewater and for controlling flows in the Renton Treatment Plant. This results in wastewater backing up into Metro interceptors. Metro reserves the right to allow wastewater to back up in its interceptors to an elevation of 22 feet. Although Metro has never reached this extreme, Metro's storage of wastewater in its interceptors has caused Renton's sewers to surcharge (backup) in low-lying areas through manhole covers and backup side sewer connections into homes and businesses. Reliability of Existing City Wastewater Facilities Problems associated with the City's gravity sewer system include the age of the system, improper construction or settlement, penetration by tree roots, and grease buildup. The 23 lift stations operated by the City pose a different kind of reliability problem. Unlike gravity sewers, lift stations are subject to power and mechanical failures, and thus are less reliable. They also require higher maintenance and operation costs and cause increased adverse impacts on downstream facilities. Some lift stations are in need of replacement because of age and deterioration. Other stations are in good shape, however, they lack some of the safety or reliability features required under current codes. V-13 ii' <:• --j BELLEVUE \ f c.� ,n 11 "Y:" , x- 1 f J I \- l LA MERGE ::xxk-rte,F. ♦♦ -, Figure 3-1 . °=' >f*'ry`t tx ISLAN }JF'sgx A � V ur£soRev I .1 l. 9 C 11 .11 x P SANITARY SEWER ,W r. F NYD / Ezl:�;:-.ast>.=- M;six :.:�:` E mac � lr'�RE �\ ;y' I v:h:::;: : �v: ;:.rr. , ��_ .� I COLLECTION BASINS • S•� >z :s suizs:+r¢s,litie on M '. a �i L r Af9j 't�iiiat "�iwy {�:�''�,'t;_},-,..'�'` - �..i Z — sE rLE ti kg t* _ A • �� ^ �a ;`1fAS[9JGCO NON'aw I I J• ` TN e`� CRE - .s 4„„,,„), 1110_ Ill I , i„/ LAKE ti ,-� P ��'a W SHINGTON. . REN _.,J�_� , _ - .. \ y .. / t` .rp. ,� w r LANDSTH t. I c[r Ro ` \ Fir .•F f `\ :�^ \`.- _ _ r �NAPlEWOO� y ; J/\�I—�EAST {y) •/ NAPLEWODo : I j --- -_-'-'--_-'- X / Ra. IN TON % I I I I Sub-BOSIn \ DUWANISH < > I 1-dur p S �Es.Ruun-T_ , _ > TIFFANY `\• / —� IX£Ka.rlff.F.r..� L•,1 AKE.YACDONALO •i i/'�\ •\�� 'y, - I' ♦ PARK ,��� \/) I I City Limits Y�ESTUAR�F� ROLLING �` � r - _._._._._._ ' \� HILLS ; �. Urban Growth Boundary �TUIZV11r TAL� :�'- =s'�r :1 l� •- -1''I I N� --\ ' LOWER'CEDAR - �= " -"-"- - Sphere of Influence a RNER �� �E1 `. ' RENTCN I i 1• ' •`' 0 1. ��,: INDUSTRAL , j \ ,7 i I'i \: _ • 1:9 i� •.1 li .I i I " ,► PANTHER• _ 0 5000 10000 J II . . I i • I.�r P RLEKR.•�.. . _ - --\ -1'.r Ly_ J 1 .li., I i I • '4i 1 1 K 1 I f ' L1KF. DESIRE ;�1 RIVER -� I -._.I I r•- -'�'\ - 1 ::( _ r`,: i �.-- Note: For graphic presentation only. --! SPRING- 1� I I ..--..'•.)t i Facilities are not to scale. i I • BROOK y V Io =! I ' i KENT �' .--;---T:6.:- -- I3 — — i. I I • 5' �;� • ". ' • LONG RANGE PLANNING y I L-__ x O.Dennison J. ;! I' i (- . • .r •Jf::r.u._w..._�l� • • R.MacOnie, D.Visneski J c I r•1.vrn,R LIA'£ r i 24 March 1995 I uxE rurvcv 1 I \ „�rr SOURCE: CITY OF REN TON. 1993 Ii BELLEVUE \t -�_ (� \---7I Jt �__` �-. { ter- I I �`�r'� I_1 � 1' MERCE .(( 1 L- Figure 3-2 . ISLAN� l::3' :': .. NNYy LEE UOR[.Y ;.! 9 I E N WCAE - L 1 - �� LAIOL.WA I No::� `yp j. ..................:. .. _ ___ .s..... ......94. n f r R 4 f O ........:....:.::... � I •.Op P q 7 !1 r G f SANITARY `._ � ����=� _: :� ��� n r�;:. SEWER Y a y - � I \ l F 1 TRUNK LINES %:I:iSt:_LSHlXC1'GiV:�::::., q P. f • W YEN i DEYI• G EES O __T._ may,•■r q ..,,:§;"-A^:.J..:r...:.: 1 ONO o E r- —7 ='4REIAILN 5- DUNE m NIE 111441111111111111b66.`, i 'I/ '1' - _Illi ' NOML 1f a 1\ I I IN.o�eoog I � A \ 2 CENRE r 00 N II A T `�� '4 aY�+ HAIINt�wLT ki, 'I �^ IIIII \ \`'� .)...../ % '_ conn I �� O Lift Stations - sEANe\ _. .4 - �: I�• 1 tn. I !�` L_ I 1\ t'..• I Z \ /i .FALCON _ - GAL.YA[DON.ILD i Metro Trunk Lines \ ••tiri:+ NDOE 1 AC KATIILEL. / / j City of Renton Interceptors i tom\ �.� \.. I :., . 1 y� i i �I `j \ I ! ..\, Metros East Division ll ..i 1 TUK.WI • I �- :: t I s Reclamation Plant . i I��( I I `�I �� - -;:,-,r,-,7=----7,-., _ I -______ - City Limits �! /-i fes--7 i Ix ! I - Urban Growth Boundary ,.1.1 - 1 I .!; i I cis( I / 'y - -•- - - -•- Sphere of Influence T ' 1 I Il . I i vEASTr 11--'‘----T-----1 1 I I . j i� I " ! I I • I I y I O 5000 10000 - t . , I SIRF J • l • ( ^, Note: For graphic presentation only. I i I ? Facilities are not to scale. 1_ _ ___L___ \ ENTI ' \ rncvc LINE ` I_ __ k1 �I . LONG RANGE PLANNING /) I O.Dennison I )' i'1± _' `_.I nvl e �- R.MacOnie. D.Visneski I ,,i Melt I_IA'1' r� -• I • 1 I :i 1 \ 20 March 1995 -_ • . LIRE rUI:XC> I tail,- .:I.. 53 .1II r- 1 \ a ' SOURCE: CITY OF RENTON. 1993 &METRO 1993 CITY OF RENTON UTILITIES ELEMENT Forecasted Conditions Future Capacity of Facilities Total wastewater flows are projected to increase by about 1.94 mgd. Most of the projected increase in flows (0.89 of the 1.94 mgd increase) would occur in the Black River Collection Basin which serves the Renton industrial area, Panther Creek area and South Renton. Smaller but significant increases are anticipated in the Lower Cedar River, Lake Washington West and May Creek Basins. Currently, capacity restraints exist in each of these collection basins . Sewer system improvements to accommodate increased flows are planned for each of these basins in the recently adopted and approved 1992 Renton Long Range Wastewater Management Plan. However, a detailed analysis of the capacity of these improvements has not been completed as of the date of this writing.(January 1994). The City of Renton has several agreements with adjacent utilities that allow joint use of facilities within the City. Adjacent utility system's comprehensive plans predict the future capacity they will need when they convey wastewater through Renton. However, adjustments to the City's interceptors may need to be made as these systems further clarify their needs. While these agreements restrict the volume of wastewater discharged to the joint use facilities, if wastewater flows from adjacent upstream utilities exceed the agreed upon flows, then capacity problems could occur. Reduction of inflow and infiltration in Renton's collection system will help to make additional capacity available for anticipated growth and development. This will also reduce Metro's need to make expensive additions or improvements to increase the capacity of their treatment facilities. Metro's adopted wastewater plan, based on Puget Sound Regional Council population and employment projections, includes system improvements necessary to meet service levels in the area served by the regional wastewater conveyance system and treatment plant in Renton. ,'-'2,`-sir L a', n" ,: :Ill,, -Eye, sco"-` � .;,xF„ .;' i, .� 3+ ". yr, �' ' i. {� � ,��}�� �y.� i t� -�'4i 6 ' Y� � ..'u�+lf•RC.Tf7;441rT.p ��� 'I�l� ��{ .41 ri V I.e.',v tom' 6^. "'—'*lXlYi�rr✓a" -- <.. d'"' . • .Fs Ifni ` ate, °�a ` -„ ;�'iy,row 1'._:'"•e Z '.- . . J,.,,'',„..,.1 . IIS V-16 CITY OF RENTON UTILITIES ELEMENT Future System Reliability - City of Renton If proper attention is paid to the on-going inspection, maintenance, rehabilitation; and replacement of City mains, the reliability of Renton's sewer system is expected to remain at an adequate level. A significant portion of the City's wastewater collection and conveyance system is over fifty years old. The materials usedfor sewers at the time these were installed are expected to have a useful life of approximately fifty years. Some of these mains are in desperate need of repair and are ranked high inpriority in Renton's 20-year Capital Improvement Program (CIP). The remainder of the old mains are continually being inspected to determine which ones will need to be replaced during the second half of the 20-year CIP. Not all the 50- plus year old mains are in the 20 year CIP. Continual evaluation of these facilities may indicate the need to re-prioritize CIP projects and dictate the advancement of some programs to ensure the integrity of the system. Proposed sewer projects are ranked according to a prioritization process based on defined needs. The ranking system, at this time, includes categories that give points for improving substandard or deteriorating facilities; increasing the efficiency of the system; and protecting the environment. Policy U-55. Ensure and encourage the use of the Policy U-61. Coordinate with the regional sanitary sewer system within urban areas in a wastewater agency and adjacent jurisdictions in the manner consistent with land use and environmental planning and'maintenance of regional wastewater protection goals and policies. systems in and near the City. Policy U-56. All new developments should be Policy U-62. Development should be conditioned required to connect to the sanitary sewer system, on the orderly and timely provision of sanitary except low density single family residential sewers. development located away from environmentally sensitive areas, outside of Aquifer Protection Policy U-63. Coordinate with the regional Areas, and having adequate soils to support on-site wastewater agency and adjacent jurisdictions to septic systems. ensure that wastewater lines passing through Renton are operated in a safe manner at all times. Policy U-57. Sewer connections should be provided in presently unsewered areas if the areas, Policy U-64. Annexation policies will not conflict by remaining unsewered, pose a health hazard to with adopted state regulations and guidelines. The the aquifer, or if other groundwater contamination City of Renton will follow state guidelines that occurs. define a City's ability to assume facilities in annexation areas. Policy U-58. Adequate sewer service capacity should be assured prior to the approval of any new Policy U-65. Areas annexed without existing development application (e.g. short plat, long plat, municipal sanitary sewer service shall be served multifamily, commercial and industrial by Renton unless a service agreement exists or is development). , negotiated with a neighboring utility. Policy U-59. Sewer service should be expanded ' Policy U-66. Areas annexed with existing so that the current levels of service are maintained ' sanitary sewer service must meet the City's through build-out of the adopted land use sanitary sewer service objectives. Upgrading to classifications. City standards of sanitary sewer facilities within all or portions of newly-annexed areas will be Policy U-60. Excess sewer capacity alone should required if there is a threat to public health and not be sufficient grounds for challenging the safety. If improvements are necessary, they may existing zoning for an area. V-17 • i - ORDINANCE NO: 4367 EXHIBIT 3 LEGAL DESCRIPTION OF ZONE 1 WELL FIELD AQUIFER PROTECTION AREA(APA) IN THE CITY OF RENTON (KING COUNTY),WA Descriptions are based on information from the King County assessor maps. The APA Zone 1 boundary line is within the Zone 2 APA boundary and matches a portion of the westerly Zone 2 boundary line from Point 37 through Point 49 (see legal description of Zone 2 APA boundary). The description of the Zone 1 boundary line starting at Point No. 37 at the northerly side of the Zone 1 area,and ending at Point 49 at the southerly side of the Zone 1 area is as follows: Beginning at the intersection of the northsection line of Section 17, Township 23 North, Range 5 East,of the W.M. and the centerline of Garden Avenue N., 37 Thence easterly along said section line approximately 1,350 feet to the intersection with the centerline of N. 3rd Place, 100 Thence southeasterly along the said road centerline approximaely 730 feet to the intersection with the centerline of N.E. 3rd Street, 101 Thence east-southeasterly along said road centerline approximately 1,100 feet to the intersection with the centerline of Monterey Drive N.E., 102 Thence southerly and thence easterly along said road centerline approximately 1,400 feet to the - intersection with the east 1/4, 1/4 section line of the southwest 1/4 of the northeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M. 103 Thence southerly along said 1/4, 1/4 section line approximately 380 feet to the intersection of the north 1/4 section line of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 104 Thence easterly along said 1/4 section line approximately 1,320 feet to the northeast corner of the southeast 1/4 section of Section 17,Township 23 North, Range 5 East, of the W.M., 105 Thence easterly along the north 1/4 section line of the southwest 1/4 of Section 16,Township 23 North, Range 5 East, of the W.M. Approximately 1,990 feet to the centerline of the northeast 1/4 of the southwest 1/4 of the said section, 106 Thence southerly along said centerline and the prolongation of said line approximately 2,200 feet to the intersection with the centerline of the Burlington Northern Railroad right-of-way, 107 Thence westerly along said railroad centerline approximately 3,480 feet to the intersection with the east • 1/4, 1/4 section line of the southwest 1/4 of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 108 Thence southerly along said 1/4, 1/4 section line approximately 1,070 feet to the intersection with the south section line of Section 17,Township 23 North,Range 5 East,of the W.M., 109 42 ORDINANCE NO. . 4367 EXHIBIT 3 Thence westerly along said section line approximately 1,330 feet to the intersection with the west 1/4 section line of the southeast 1/4 of Section 17,Township 23 North, Range 5 East, of the W.M., 110 Thence northerly along said 1/4 section line approximately 1,320 feet to the intersection with the established line N. LN. H.H. Tobin D.C. #37, 111 Thence westerly along said established line approximately 594 feet to an established angle point, 112 Thence northerly along said established line approximately 1,000 feet to the intersection with the centerline of the Burlington Northern Railroad right-of-way, 113 Thence westerly along said railroad right-of-way approximately 450 feet to the intersection with the centerline of the Prim. State Hwy.No. 1 right-of-way, 114 Thence southwesterly along said right-of-way centerline to the intersection with the centerline of S. 4th Street. 49 For continuation of the Zone 1 APA boundary from Points 49 through 37 see the legal description between said points for the Zone 2 APA boundary. 43 CITY OF RENTON UTILITIES ELEMENT be accomplished by developer installation or LID assumptions promote the logical and efficient as a condition of the annexation. development of the City's sanitary sewer system. Policy U-67. All property owners of development Policy U-71. The City Council shall consider in unincorporated King County that are granted annexations without assumptions of existing City sanitary sewer services should be required to sanitary sewer facilities under conditions defined sign a covenant to annex. in the Long Range Wastewater Management Plan. Policy U-68. In areas where annexation is logical, Policy U-72. Actively promote all residents extensions of service should be contingent upon within the City to connect to public sewer. request for annexation. An area shall be considered logical for annexation if it can satisfy Policy U-73. Private sewage disposal systems city, county and state criteria for annexation. The will be allowed within the City limits, subject to City shall actively pursue annexation of areas city, county, and state regulations and when public where annexation is logical. sewers are not available. Policy U-69. Allow the extension of sanitary Discussion: Septic systems are not appropriate sewer services beyond the City's boundary within means of providing wastewater service in urban or the City's sanitary sewer service area or within aquifer protection areas. Therefore, these policies special service areas established by the City support the provision of primary wastewater Council (pursuant to Wastewater Comprehensive service through an extensive sanitary sewer system Plan Policy 1.1.5). Such special service areas throughout the municipal service area. This may not be established within another sewer system is intended to serve both new and existing service district which provides sanitary sewer development in a manner consistent with planned service except by agreement with that sewer land uses and at an appropriate level of service. service district. Service by the sanitary sewer system should be in place at the time of development or annexation. Policy U-70. The City may assume existing portions of adjacent sanitary sewer systems, at the discretion of the City Council, when such Surface Water Objective U-F: Provide and maintain surface water management of drainage systems to minimize impacts on natural systems and to protect the public, property, surface water bodies, and ground water from water quantity and quality problems. Existing Conditions Renton's Surface Water Utility was organized to meet specific ordinances, regulations and to insure that planned facilities meet defined engineering standards. The Utility is operated as a self-supporting utility under the direction of the Mayor and City Council. Utility Service Area The Utility's service area currently includes all lands within the City boundaries, more than 16 square miles. However, surface flows from the urban area within the Urban Growth Boundary (annexation area) also affect the surface drainage system. This potential annexation area is currently serviced by King County. As areas within the Urban Growth Boundary are annexed into the City, Renton will assume management of their surface water services. V-18 CITY OF RENTON UTILITIES ELEMENT General Location of Facilities The existing surface and storm water facilities follow natural drainage patterns wherein surface water is collected and detained to reduce peak runoff rates, to provide water quality improvement, and for infiltration. Alternatively, it is conveyed through pipes to numerous surface water bodies. These surface water bodies include several creeks and rivers, and Lake Washington. The major topographic elements of the service area include several major drainage areas or basins within the city limits (see Figure 4-1). The northern-most basin is the May Creek Basin, which begins northeast of the city limits and flows to Lake Washington. The Cedar River Basin runs through the heart of downtown Renton. This basin extends far beyond the city boundaries. Thus, hydrologic events and urban growth beyond the city limits may have a significant impact upon the surface drainage system, particularly near downtown and the outfall into Lake Washington. The facilities within the city limits for these basins include storm sewers, detention facilities, open channels, and other protective works. The Black River Basin, also know as the Eastside Green River Watershed (ESGRW), is a major basin in the southwestern portion of the City. The basin encompasses approximately'24 square miles which includes areas of Kent, Tukwila and King County. Thus, coordination with other agencies in this area is essential. The City of Renton makes up less than one third of the total basin area. The facilities within the city limits for this basin include the Black Creek Pump Station, Springbrook Creek, the P-1 channel, storm sewers, detention facilities, open channels, and other protective works. The remaining basins within the city limits include the West Hill Basin which drains to Lake Washington, the Lower Empire Sub-basin in the Duwamish Basin which drains to the Green/Duwamish River and the Soos Creek Basin. The Soos Creek Basin is primarily outside of the city limits. The City of.Renton is currently developing basin plans for the Black River Basin, the Maplewood Sub-basin, the Cedar River Basin (with King County), and the May Creek Basin (with King County). Existing Capacity of Facilities The existing surface water drainage system is meeting capacity requirements under normal conditions. However, in some areas of the City, the system has become inadequate to serve present needs during large, infrequent storm events. Of particular concern are inadequate facilities located within several basins. These basins are each affected by upstream development activities which have occurred in their respective watersheds, creating downstream capacity deficiencies. Currently there are no special efforts for floodway protection outside of the development review process and emergency responses during flooding. The City is studying frequently flooded areas including the Cedar River, North Renton and the Black River Basin. Problems in the Black River Basin include widespread flooding or surface water ponding in the valley during severe rainfall events and the loss of outlet culvert capacity from the Panther Creek Wetlands. Existing and future surface water quality issues, loss of wetland habitat and fishery passage problems are additional concerns, with the continued development of the upstream portion of the watershed. V-19 • .. ..� I C_i�LJ I .. .. II .. .f .r r-- _ [ii:_� fj ;<: _�__ f.^,.�.:;.! �_ 1 ; - ; �,----• '; ISSA p._i:r diff: 4 ':;;:.::'i.', - 1- ; r�_�_ j -1 :--1-i c. MERCEEt :>_<` _��//. -- Figure 1 ISLAND -;>" -F-11A7 OOREN I i SI fa`•'= ""ri,x. irrmA NE •CASTE I =1 4.'}-`�:; t.:.y Ufa��` - r Y 1 .R .• n e0 :ri: P SURFACE WATER ER -'"411:11•12111.11,-1111 wvsa - g v •'• � raMAY Ci i1 REEK .. mf a DRAINAGE BASINS <71yLc-eSH,XCZ;OK.'o?:: .` .�© i p,�< L. ti.\Z1, ....."` 44;W:WARK.M.--M,1 --a-2-ii71 - Z ! . , yw....b:y.r.:..r- 8` Li 11,6 1 / 1 1 a , --_J 1 \r i (WEST 1flak 1 r' q�r�• _rv: 1 I p ��, il."::;: LAKEIWASHING ;t. �,_.■ EA$ LAKE ASI GTO ; -iI� a \ ,pp�p'saAMISH ..- 1 . ! J �. �\ I' I NT.olnlei I 1 I i• _ `- L I-_ I I I I v i ' ' , Major Basin Boundary v�\,i L._--.-`� ll \ /AA'£.WALTON ILO \ ` II•�' {IKE'KITH UFA : BASINS Major Basin Names ` _,.._:_\''..--___-i.- 4, —�- L\\ 1''-``_-7:7-_ .� i Sub-Basin Boundary •,.,,,,-:-_..;_,_4......--..:-...,-_:-{y'` - \; eou,lo /� _�TIFFANY - J `,\ ��-- --1--'-`�. r'n' �''�',-., - ii A. I �SAWS� Sub-Boundary Names I City Limits I:( I I -I ' I �\'MLLJ -V `� �% �AFLE v,lity pO�a.-. 1 I I I r I '`f Iz ---- Urban Growth Boundary --T-` I � iy \'\, ) --------- Sphere of Influence j��* I I VALLEY '1 I I 1 \ I �_ .�' ii i I I 1 1 0 5000 10000 r I ///--- :-... _...-..- •LOWER CEDAR RIVER ' I '} 1 ___-.._ -_ :-i —•— I ' 1_1¢77 DESIRE ' !` .-. rArtrlea Z''' t : f • r- I I Note: For ra hic resentation only. 4 BLACK*ER i i ; \ I Facilities are not to scale. *IP + ' .1 1 I I ,4 _� I KENT I I I !Will VG LIKE • II is • • km UAW I4 . LONG RANGE PLANNING Y ! I - R I \ I e- O.Dennison I "� --I cl�� SOOS CREEK 'I - . ., _a_•J/L UF_`gli:.:?c� •®= R.MarcOaie, D.Visneski ! •'I I ' 'rI.Y!7/ Y LIAC r ` 1 24 March 1995 ---.._ . • SOURCE: CITY OF REN TON, 1993 CITY OF RENTON UTILITIES ELEMENT Other problem areas within the City include much of the downtown and Rolling Hills vicinities. Storm drain facilities in areas along SW 7th Street, near the Renton Center, and Renton Village are over capacity during severe storm events causing flooding of facilities which are undersized for current flows from their tributary uplands. North of Downtown, both the Gypsy Creek Basin and the North Renton Basin experience flooding caused, in part, by inadequately sized pipes, ditches and detention facilities. Flooding in the Gypsy Creek Basin is associated with facilities located near an interchange of I-405. Flooding in the lower portion of North Renton is largely caused by the system not being able to convey drainage from the Highlands neighborhood. Existing Reliability To a large extent the reliability of the storm drainage system depends on two factors. In areas where growth has occurred, or will occur, the facilities must be designed to detain flows, and sized to convey any increased storm flows. Additionally the facilities require regular maintenance to prevent debris and blockages which impair the system's ability to function properly, and routine observation to insure they operate as designed during high flows. Thus, reliability is a function of proper sizing and maintenance. City facilities in the lower reaches of several watersheds no longer meet the capacity requirements and, in some instances, may not have been maintained on a regular basis. Thus, they may not be considered reliable. As part of the City of Renton Comprehensive Surface Water Utility Plan, a Capital Improvement Program (CIP) will be developed to solve drainage problems and improve reliability. The Surface Water Utility has identified needed improvements through the basin plans. The current Surface Water Utility CIP is addressing existing drainage problems (Cedar River Delta Project, Jet Vista/Taylor Avenue System Improvement Project, N.E. 5th Place Storm System Replacement Project). Surface Water Quality and Quantity Best Management Practices to be Implemented to Mitigate Future Land Use Impacts The Puget Sound Storm Water Management Manual issued by the Department of Ecology (DOE) provides guidelines for best management practices (BMPs) to be implemented to mitigate land use impacts. Examples of various BMPs include: public education, buffer zones, oil/water separators and facility maintenance. Buffer zones provide indirect water quality benefits by restricting clearing and construction from sensitive areas. Buffer requirements are currently identified during the plan review process and enforced during construction. There is no method of enforcing buffer requirements after the plan review process. The WSDOE requires that Construction Storm Water Pollution Prevention Plans be prepared for all construction sites greater than five acres in size. To lessen and mitigate impacts of construction, the WSDOE and King County Storm Water Manuals list a number of best management practices (BMPs) which may be applied to sites. These mitigation measures include temporary cover practices, structural erosion control BMPs such as stabilized construction roads, dust control, check darns and riprap, and sediment retention BMPs such as filter fences, straw barriers and temporary sediment ponds. Other practices to reduce impacts of construction include setbacks and buffer zones between the construction and sensitive areas.'These BMPs are required as part of Construction Erosion Control plans required by the City of Renton Surface Water Utility to mitigate the temporary impacts to surface water due to new construction. The City currently operates a maintenance program which includes cleaning catch basins and a street sweeping program with a vacuum sweeper. The City has also achieved some source control by requiring detention facilities V-21 CITY OF RENTON UTILITIES ELEMENT • on site. City requirements for water quality include biofiltration, wet ponds or wet vaults for most new development. Forecasted Conditions Future Utility Service Area The Utility's Service Area could enlarge substantially to approximately 35 square miles if the City of Renton annexes all areas within the Urban Growth Boundary. The areas that may be annexed are currently served by King County facilities. These facilities, their upkeep and maintenance would be assumed by the City upon annexation. General Location of Future Facilities The Renton surface and storm water system currently operates much like the gravity based sewer system, although the destination is surface water bodies, rather than waste treatment plants. Storm and surface water facilities will generally remain in their current locations, although the individual sections may be replaced to convey higher flows. For new development, surface water facilities are usually constructed on a site-by-site basis, rather than on a comprehensive or system-wide basis. Storm water pipes and detention facilities will be constructed on-site during each construction project, and the off-site release rates should be limited to pre-development levels, per the King County Surface Water Design Manual. Although peak flows are to be regulated to pre-development levels, total volumes of flow will increase under the land use plan. In basins with limited flow discharge, new development may create negative downstream impacts although the developers have met storm water controls and requirements. In addition, the total volume of runoff will increase in all areas of new development, increasing erosion and sedimentation, and decreasing surface water quality. The unincorporated urban area has existing storm water conveyance systems that are planned and administered by King County. The County land use plans for these areas are similar to the Renton plan. Since the King County facilities are designed with the same standards as City facilities, they function the same as City facilities. Future Capacity of Facilities Many of the existing facilities within the City limits will require modifications to increase capacity and detention. All facilities should be sized to detain or convey storm flows from the twenty-five year hydrologic event. The goal for new development is to detain all flows on-site. Basin plans will be prepared to determine sizes for new regional facilities and drainage. Several basin plans are being prepared now and others are planned for the future. In addition, the Surface Water Comprehensive Plan, now under preparation, will identify.key elements that must be included in all basin plans. The use of the adopted Interim Land Use Element of the Comprehensive Plan (June, 1993) will result in consistency among plans used throughout the Planning Area. The anticipated increase in impervious surface in all areas will increase surface runoff and require new facilities at development sites. In addition, new development, particularly infill development, may increase surface flows beyond existing facility capacity, requiring the enlargement of facilities downstream of the development. City standards require that new development mitigate for impacts to surface water by releasing runoff from the site at a V-22 CITY OF RENTON UTILITIES ELEMENT , rate equal to the pre-developed runoff rate. Also, if downstream problems exist, new development is required to perform offsite analysis to ensure that the downstream problem is not made worse by the development. Surface Water Quality Requirements in Aquifer Protection Area Zones 1 and 2 Development projects located in either Zone 1 or Zone 2 of the APA are required to pass additional City review to insure the projects do not produce any water quantity and/or quality impacts which may affect the aquifer. Areas of particular concern include areas subject to vehicular traffic or the storage of chemicals. Increased surface water conveyance systems will be required to comply with these goals. The adopted Land Use Element of the Comprehensive Plan proposes areas for development of more intensive land uses by the year 2010. This includes substantial development and redevelopment of the Downtown. Portions of this area are within Zone 1 of Renton's APA (regulated by Ordinance 4367, adopted September 14, 1992). Zone 1 requirements include closed detention facilities including wet vaults and coalescing plate oil/water separators on site, and pipe conveyance systems to existing facilities. APA Zone 2 requirements affect much of the northern and eastern portions of Renton. These requirements are not as stringent as Zone 1 requirements, but will also be likely to increase conveyed surface flow to downstream facilities. The APA regulations may increase the potential surface and storm flows generated from both zones, most likely requiring existing facilities to be enlarged to meet the increased capacity need. Policy U-74. Design storm drainage systems to Policy U-76. Filling of natural watercourses minimize potential erosion and sedimentation should be discouraged. If no other option is problems, and to preserve natural drainage available, such development should follow specific _ systems including rivers, streams, flood plains, design standards to minimize degradation of water lakes, ponds and wetlands. quality, aquatic habitats and the effectiveness of the local natural drainage system. Policy U-75. Encourage the retention of natural vegetation along lakes, ponds, rivers, and streams, Policy U-77. Promote and support public where appropriate, in order to help preserve water education and involvement programs which quality, protect fishery resources, and control address surface water quality and other surface erosion and runoff. water management issues. VA,?i}q•, t t ( t'k "f's. c".',1, s Oy' Mir�!! a ';'';: ''' '' } °;"'I . +Eye- =i Policy U-78. Encourage the safe and appropriate $'i'A4 r <111.,41 ACS;j` !Z . , '4 ;;t; -.,.._ `;' % use of detention and retention ponds, biofiltration •T. • ���!.� , • � � r...s?; ,,�>":� swales, clean roof run-off, and other groundwater -� � �,.i,; ;. -a, "�-1'A�a �'�a y= - �. recharge technologies to reduce the 1 . . t. ...... . . r .,. g volume of VSA ,^f4 ::,,,., . .; ,.y i .,^ e ?''_-•:� 1 ,;,r4 ,:. . ,y, surface water run-off, to recharge aquifers and to z r < ( H: Y.% z �• ' F`Y(....-rte � ./• ; ; ,,,- ��; ��` -;t.' "'-""„`'t•A, n+'`''' .. :;��”'i' flows streams for aquatic ,• -` ': � t• ; "� .r� ,- r,�+�''��-��; support base fl w in `t.? , ,1 , ,i1:410.,. ,r4;9114,1:'' resources. T• ;., .' .0::. . . '-.,,<,,\,,t.-''�4'111'27: 'n,, '' • r ,.- ,-4 t, Discussion: Natural hydrologic systems play an •`` '.31,..!,,;.-...;„::-;0',1,,i- :),.:,;''! integral role in effective surface water �R 4management. Engineering ,-;'�, ,_ ,. ; ›.,� • ,:, ,-�'�.i....,• w g ing techniques a �, .�.,..r can control _: x. ; , :»- y,•; :. M.; -- much of the storm water through detention and � ' :w,-,, w;�e.s:--A. ,. ,.. L':ili';IIty; ▪a •,..': retention systems. However, the cumulative effects , '= -w; '' ;. ;,� • "" of storm water only be managed by a ,. •� sA.. •.�., a�.� �." can a`s: 7:7,,' _ - combination of engineering preservation � 1 y�.�� y�; -fk°- �r-, - .� and reservat' of d. :r N�i, ,(-. `�+ ' ;�•rrN�.'"',d `; q natural systems. "`.'a f;'- ., A�� ,-.cry., 'j. "ri'!+-....;44.7,-.,.'d.3 N.,+� -w, ;4 ::ra s' ,,.;.1.i 4,4 ' 4w'.'� f Com° .+`.n�ZL�.-.1..!��...�...'s.... .td'^`�.. 't,''"`rypN V-23 CITY OF RENTON UTILITIES ELEMENT Policy U-79. Work towards protecting surface Policy U-83. Existing natural drainage, water resources from pollutants entering via the watercourses, ravines and other similarland storm drainage system. features should be protected from the adverse effects of erosion from increased storm water Policy U-80. Work towards protecting ground runoff. water resources from pollutants entering via the storm drainage system. Discussion: Surface water can dissolve and transport toxins from the human environment as Policy U-81. Require compliance with surface well as carrying eroded materials. Renton's water controls in order to protect surface and municipal water supply as well as downstream ground water quality. water bodies must be protected from these water borne contaminates through prudent management Policy U-82. Coordinate with adjacent cities, practices. King County, Pierce County, and State and federal agencies to determine storm water drainage Policy U-84. Storm drainage programs should be responsibilities with regard to federal pollutant coordinated with adjacent local and regional discharge elimination regulations. jurisdictions. Solid Waste Objective: U-G: To provide a responsible, comprehensive waste management program which includes economic efficiency, environmental sensitivity, and responsiveness to the needs of the community. The City should pursue a reduction of the overall waste stream, recycling, and long-term waste handling and disposal solutions. Existing Conditions Utility Service Area Solid waste collection within the city limits is mandated by state and city code and only the City's contractor may provide such service. The City sets rates for solid waste collection, and bills all customers directly for these services. The City contracts with Waste Management-Rainier for allsolid waste collection within the city limits. State law also gives Renton the authority to contract for collection of residential recyclables and yard waste. Curbside collection of recyclables is available to all single family, and duplex residents of the City, and yard waste collection is available to all single family and duplex residents with the exception of mobile home park residents. On-site collection of recyclables is available to all multi-family residents (triplex, fourplex and above). The Solid Waste Utility provides collection containers for all of these programs. The recycling and yard waste collection programs are voluntary. The City contracts with Waste Management-Rainier for these services. Coordination with Other Solid Waste Purveyors Through an interlocal agreement with King County, the County's disposal system handles all solid waste generated within city limits, except solid waste diverted by waste reduction or recycling activities. King County regulates the types of waste accepted at its facilities and disposal rates for its facilities. Renton's interlocal agreement with King County also authorizes the County to prepare the Comprehensive Solid Waste Management Plan and to include the City in the Plan. The County achieved its 1992 goal of thirty-five percent (35%) waste reduction and recycling under the Plan. V-24 BELLEVUE -�_ r, 5' `i ' ! /....\,.._ r_t,,,..1 I--I .I.\-4:- I !SSA r''�:rr r F:::.:<:��::�;;. '1 i'= ._i =--nom �� , :: ` ( I �_ ► I Figure 5-1. '':: '«':,:.:;.'.::t.::',i::::•.!:. ISL AN jF LANE OOREN I �, 'gi n NEWCA FE l ,. G N SOLID WASTE C 9rr e •J L FACILITIES \ <tAIL';I.ISI%fNGfOX,.-::'':-:� Tr`1/4 1 L 4 -'�iN�. I SE ,TLE F,\>>.<::>:� _::;;<'<: :<.._.< :.� _ • o J \ I v � - � 1 � ,.(•;',0r- Ark 4, — ‹..----, ' V '� 1",..\:j',...kis \ o I„ i I f,�\+. . , KENI. ION W, C� I I r < 1`\ \--� r_ --�1v �/ 0 i_ �J- —�- n / • :nH:n::tation rl I \ \ `� r— I \\,--,\-1-,<.- . - ( ' L— �V it =�. . _ -----�- --,-! LAME ¢Icnonun I I �, __ Al"XI (1 \j \\(.... \ I 1 ! r� i�i i Black River Construction, Demolition 1,l-/ - k _; !� I and Land Clearing Transfer Station ; - ;i"%I 1 --/ i �_ r- _ '~ - i_ ii . I - - City Limits {\ Imo- I , `r -----------•— Urban Growth Boundary Il, 1 �•-" I� 1111 "/Pi ,1 I - -_-�;1 ‘ I 1 1>- l - - -.-.-.- Sphere of Influence 1 ..1 1 f l j i i '1 II I• :I - - 1, r--� I , 0 5000 1000(: . I - • ! tlt'r nr+u+F l ' ! . ....rte. , , I • ) ''I / ---- 1 -j I ;I Y -— --J \ I. ?I 4 ..�'--* Note: For graphic presentation only. I I I I iI i, t1 I Facilities are not to scale. r I I -I I______- R _1 _ .-...__ .1 )` ‘', . I x!•rl.YI:LAKE • KENT I i I j,11O1"LIA'r. ~ I ���.��� I - -. RLONG RANGE PUNNING • ----' '", r J `I Illi!tM.•,F_:�F Lf�_�I•t • O.Dennison I I' _J �+ 24.M rch D.Visneski !MIMIC!?,..ur• +' 24•March 1995 c , .. -- I I _ --• I LAKE'rouses 1.-; i • ` \I►► SOURCE: are OF REN TON. 199.3 CITY OF RENTON UTILITIES ELEMENT Renton works cooperatively with other jurisdictions in the region to implement the Local Hazardous Waste Management Plan (LHWMP). Participants in the LHWMP include thirty-one (31) suburban cities, the City of Seattle, King County, the Municipality of Metropolitan Seattle (Metro), and the Seattle-King County Department of Public Health. The LHWMP provides for a regional program to manage hazardous wastes generated in small quantities by households and businesses in King County. To provide funding for the LHWMP, the City of Renton and all other solid waste and sewer service providers in King County collect hazardous waste fees from customers through utility bills. Regional Solid Waste Purveyors within the City Limits The King County Solid Waste Division owns and operates the Renton Transfer Station in the 3000 block of NE 4th Street in the Renton Highlands neighborhood. Local waste haulers and residents of unincorporated King County who haul their own waste use this facility. City residents also use this facility for disposal of large and bulky items. Due to State legislation and Washington Utilities and Trade Commission (WUTC) regulations, the City does not have the authority to contract exclusively for collection of recyclable materials generated by businesses. However, a number of private companies do collect recyclables'from businesses in Renton. Location and Capacity of Existing Solid Waste Facilities Figure 5-1 illustrates the location of the transfer station, landfill, and construction demolition and land clearing (CDL) transfer facility within the City's Planning Area. King County's Renton Transfer Station is located in the Renton Highlands. A majority of the solid waste generated in Renton is transported there by the City's contractor, Waste Management Rainier. Current capacity of the station is 350 tons per day, or 126,700 tons per year. The vehicle capacity for the Transfer Station is 140,000 tons annually, with a daily average capacity of 387 tons. A majority of the vehicles which utilize the Transfer Station are garbage trucks from waste hauling companies. Regional Disposal's Black River Transfer &Recycling Center (a Rabanco facility), located at 501 Monster Road SW, opened in late 1993. Under a ten year contract with King County, this facility accepts construction, demolition and land clearing wastes from businesses and haulers only. They estimate receiving 250,000 to 300,000 tons of CDL material per year. Previously, the Mt. Olivet landfill accepted CDL for a period of many years. This site closed in 1991 after reaching maximum capacity, and it is not known when or if the facility will be accepting future CDL. Once the Rabanco facility is operational, the Mt. Olivet facility may also be restricted from accepting most County- generated CDL. Waste Management's Eastmont Transfer Station in South Seattle currently receives a portion of the solid waste generated in Renton. The peak tonnage handled at this facility in the past seven years was 169,000 tons in 1990. The City recognizes that this landfill has not been closed in accordance with State of Washington closure standards. Areas of deficiency include excessively steep slopes, lack of adequate capping, possible negative environmental consequences, failure to obtain an approved closure plan and other related deficiencies. The City continues to monitor groundwater quality in the vicinity of the landfill to assure that potential contaminants do not enter the City's drinking water aquifer. If contamination is detected, the City has contingency measures to address this problem, such as selective operation of the,City's eight wells and V-26 CITY OF RENTON UTILITIES ELEMENT • ground water pumping to remove contaminants. Identified areas of contamination would be monitored and treated until contaminants is removed. King County's Cedar Hills Landfill, owned and operated by the King County Solid Waste Division, and located southeast of Renton, will continue to receive all solid waste generated in the City of Renton. This facility's remaining permitted capacity is approximately 45 million cubic yards, leaving adequate room to accommodate the County's solid waste in the twenty year planning period. There is room to construct additional capacity, increasing the area available to 355 acres, and the remaining capacity by 12.4 million cubic yards to 56.4 million cubic yards. At the current level of thirty-five per cent (35%) waste reduction and recycling, Cedar Hills will be able to accept solid waste until 2013. Recyclables collected from single family, duplex and multi-family residents in the City are taken to Waste Management's Recycle America processing plant in Seattle. Recycle America, currently handles 275 tons of material per day. The facility's estimated capacity.is 300 tons of recyclable materials per day. Yard wastes collected from single family and duplex residents in the City are currently taken to Iddings, Inc., located in Kent, and Cedar Grove Recycling in Maple Valley. Iddings, Inc.'s composting facility currently handles 100 tons of yard waste per day. The facility's peak capacity is estimated to be 200 tons of yard waste per day. Cedar Grove currently handles between 700 and 800 tons of yard waste per day. They are permitted by the Seattle-King County Health Department to have 250,000 cubic yards of organic material on- site. The City's residential yard waste collection program has diverted over 28 per cent of the residential waste stream per year, and more than seven per cent (7%) of the City's total waste stream annually since it began in 1989. Yard waste makes up only 0.9 per cent of the remaining residential solid waste stream, therefore any increase in diversion would be minimal. The Solid Waste Utility plans to explore the possibility of implementing a mobile home park and multi-family yard waste collection program in 1994. Food waste makes up almost thirty-five per cent (35%) of the residential waste stream after recyclables and yard wastes are diverted. The Solid Waste Utility plans to implement a pilot food waste composting program in 1994 and 1995 to assess the feasibility of diverting this material from Renton's residential waste stream. Diversion of food waste from the commercial waste stream may also be considered. Reliability of Existing Solid Waste Services and Facilities The services of the City's solid waste and recycling collection contractor, Waste Management -Rainier, have been very reliable since the term of the contract began in 1989. The number of missed collections has remained consistently low. Contingency plans for collection are provided in the solid waste contract in the event of extreme weather conditions. As the City recently completed negotiations with Waste Management - Rainier which extended the term of the contract to 1999, interruption of service due to a contract dispute is not likely. At this time, the capacities of the Renton Transfer Station, the Waste Management of Seattle Transfer Station and the Cedar Hills Landfill are sufficient, and any regulatory issues are being addressed by the appropriate agency. The capacity of Recycle America for processing recyclables and the capacity of Iddings, Inc. and Cedar Grove Recycling for composting yard wastes are both adequate to meet the City's needs. V-27 CITY OF RENTON UTILITIES ELEMENT I ` I Forecasted Conditions Future Utility Service Areas The City's Solid Waste Utility will continue to provide solid waste collection to all residents and businesses within the city limits. Curbside collection of recyclables and yard waste will continue to be available to all single family and duplex residents in Renton, and multi-family residences will be eligible for on-site collection of recyclables, if economically feasible. Yard waste collection will, when practical, be offered to mobile home complexes and some multi-family complexes. When annexations take place, the franchise hauler in the annexed area has authority to collect solid waste for a period of up to five years. After five years, the City's contractor may take over service in the annexed area. The City's contractor should be able to increase solid waste, recycling and yard waste collection service to households and businesses as needed. Since King County has planned for all areas in the County, both incorporated and unincorporated, disposal facilities are anticipated to be adequate should the City annex areas of unincorporated King County. Location and Capacity of Future Facilities According to the 1992 King County Comprehensive Solid Waste Management Plan, the County anticipates closing the Renton Transfer Station by 2010, after expanding the Bow Lake Transfer Station in Tukwila or building another transfer facility in the Tukwila area. This change will force the City's contractor to transport the City's solid waste to either the Factoria Transfer Station in Bellevue, or the Bow Lake/Tukwila Transfer Station. It is expected that either of these locations would have the capacity to handle Renton's solid waste. Transportation costs associated with this change will result in increased rates. The Plan also recommends that King County study the possibility of privatization of the transfer system. King County's Cedar Hills Landfill will most likely be the last regional landfill located in the County, given environmental concerns and community resistance. If the goal of 50% waste reduction and recycling is reached, the facility will be able to operate until 2016. If the County attains the goal of 65% waste reduction and recycling in the year 2000, Cedar Hills landfill will be operational until 2019. Under the 1992 King County Comprehensive Solid Waste Management Plan, waste export possibilities will be explored by the King County Solid Waste Division, and a decision will be made in the 1995 Plan period. While siting of another landfill in the County is possible, environmental issues and community resistance make it unlikely. Waste Management's Recycle America processing plant in Seattle will continue to receive Renton residents' recyclables as long as the City contracts with Waste Management for collection. To increase their overall processing capacity, Waste Management plans to divert paper generated in north King County and south Snohomish County from the Seattle plant to its Woodinville transfer station for processing. This change would allow the Seattle plant to handle more recyclable material generated in south King County. The amount of yard wastes collected through the City's program is not expected to increase significantly even if services are extended to multi-family complexes and mobile home parks. Therefore, capacity of the two existing yard waste composting facilities in the County should be sufficient to meet future needs. Waste Management is currently seeking a site for a yard waste composting facility which could be used by their • King County operations. If they do open such.a facility while they are under contract to collect the City's residential yard wastes, those materials will most likely be diverted to the new composting facility. V-28 CITY OF RENTON UTILITIES ELEMENT Coordination with Other Purveyors The interlocal agreement between the City of Renton and King County which designates the County's disposal system for the disposal of all solid waste generated within city limits remains in effect through June 30, 2008. Either party may request review and/or renegotiation of the agreement every five years. It is anticipated that the City will coordinate with the County to negotiate a new interlocal agreement upon the expiration of the existing agreement. Interlocal Agreements Chapter 70.95 RCW requires the County to regularly update the Comprehensive Solid Waste Management Plan (the Plan). According to the provisions of the City's interlocal agreement with King County, this update will occur every three years The City will be included in future Plan updates, and representatives of the City will continue to be involved in the Plan update process. The Local Hazardous Waste Management Plan (LHWMP), in which the City of Renton participates, follows a five year update schedule as required by Chapter 70.105 RCW. The first update will occur in 1995. The City will continue to work cooperatively with other jurisdictions and agencies involved in the LHWMP to implement programs to manage hazardous wastes generated in small quantities from households and businesses in King County, including the collection of hazardous waste fees from City solid waste customers. Future Regional Purveyors within Renton City Limits The number of private companies collecting recyclables from businesses in Renton will most likely fluctuate according to the amount and type of recyclables generated by Renton businesses. The private recyclers' success will also depend on finding viable markets for recyclable materials. If the City enters into a contract for collection of recyclables from businesses, it will most likely have a negative impact on private recyclers. Reliability Annexations to the City, and the closure of the Renton Transfer Station are not expected to have a significant impact on the ability of the City's contractor to provide reliable solid waste, recycling and yard waste collection services. The current contractor, Waste Management - Rainier, Inc., will most likely move their operations site to a location outside the City limits in the future, possibly making City collection routes less convenient for their drivers. If the relocation of their operations site affects their ability to provide services to City customers, the City has the ability to renegotiate the contract, or enter into a contract with another service provider. Depending on regional regulations, the yard waste composting facilities in King County, Iddings and Cedar Grove, may have problems handling significant increases in the amount of organic waste collected in the future. Policy U-85. Provide and maintain an adequate Policy U-87. Reduction of the waste stream system of solid waste, recycling collection, should be supported and promoted for all disposal and handling to meet existing and future residential, commercial and industrial uses within needs. the city (i.e. through programs and public Policy U-86. Coordinate with regional agencies in education including recycling, composting, re-use planning for the facilities, and services necessary and energy recovery programs that meet for solid waste collection and disposal, including environmental standards). the siting of regional transfer and waste handling Policy U-88. Where economically feasible and facilities. legally acceptable, city-wide collection of V-29 CITY OF RENTON UTILITIES ELEMENT recyclable materials should be supported and Policy U-92. Support products and practices promoted. which offer safe and effective alternatives to the use of potentially hazardous substances to reduce Policy U-89. The proper handling and disposal of the total amount of hazardous waste. solid waste should be required to protect public health and safety. Policy U-93. Actively support the creation of markets for products made with rgcycled Policy U-90. Contamination of land, air, and materials. water should be minimized or eliminated. Discussion: These policies support the provision Policy U-91. Coordinate with agencies in the of adequate and safe waste handling and disposal region on educational and other programs for the facilities. In addition, these policies support safe management and disposal of hazardous active recycling efforts aimed at extending the life household wastes. cycle of these facilities. Electrical System Objective U-H: Promote the availability of safe, adequate and efficient electrical service within the City and the remainder of its Planning Area, consistent with the utility's regulatory obligation to serve. Existing Conditions Background Three purveyors distribute electricity to and within / • the Renton Planning Area: Bonneville Power Administration (BPA), Seattle City Light (SCL), j / and Puget Sound Power and Light Company (Puget Power). BPA is the regional administrative entity / ' of the U.S. Department of Energy. Seattle City f ` '' / Light is a publicly owned utility serving Seattle and environs. Puget Power is a private, investor-owned ;'% • /utility which serves nearly 800,000 customers in '�' ,` " nine counties within the Puget Sound region. , These three utilities are part of an integrated transmission grid which connects points of production and demand and permits inter-utility exchange of power across the region. To make this / ::, i possible, the various elements of the individual systems were designed to function compatibly with the facilities of other network utilities. High r ` capacity transmission lines also allow inter-regional and international power transfers to compensate for <°. :/" ‘, is seasonal, region-wide variations in generation and :_ ;r ;' demand. . 1.- BPA owns and operates most of the major transmission lines and substations located. =r throughout the Pacific Northwest. The agency sells M,: transmission services on the high capacity grid to V-30 CITY-OF RENTON UTILITIES ELEMENT customers throughout the region. Additionally, BPA markets electricity generated by federal hydro-electric projects and the Washington Public Power Supply System. Puget Power, Seattle City Light and other utilities purchasepower and transmission services from BPA as local situations warrant. Electricity is retailed to customers in the Renton Planning Area by Puget Power and, to a lesser extent, by Seattle City Light. For both utilities, the primary generation facilities are located outside their service areas. Puget Power supplements these sources with power generated and/or purchased within its greater service area. Each utility schedules electrical generation to meet anticipated local demand loads with excess production sold elsewhere on the power grid. Existing Utility Service Area Puget Power is the principal provider of electrical service within the Renton city limits, as well as most of the remainder of the Renton Planning Area. Electricity is provided to the Bryn Mawr and Skyway portions of the Renton Planning Area by SCL. By historical circumstance, Seattle also serves 10 customers within the Renton city limits. Currently, SCL and Puget Power are negotiating an agreement to transfer the facilities within the City of Renton to Puget Power. This action probably won't occur until late 1994 at the earliest. General Location of Facilities Electrical facilities can generally be divided into generation, transmission and distribution functions. Transmission lines are identified by voltages of 115 kilovolt (kV) and above. Within the Planning Area, BPA operates transmission facilities, Seattle City Light operates transmission and distribution facilities, and Puget Power engages in all three functions. Figure 6-1 illustrates existing and proposed electrical substations and other transmission system facilities within the Planning Area. Bonneville Power Administration (BPA). Renton's geographic position offers a logical location for transmission routes. Five BPA transmission circuits follow the Rocky Reach-Maple Valley right-of-way, which enters the Planning Area from the east,just south of the Cedar River, and terminates at BPA's Maple Valley Substation. The lines, two 500 kV, one 345 kV and two 230 kV, originate at BPA facilities north, south and east of Renton. Puget Power. As electrical service provider to most of the Planning Area, Puget Power builds, maintains and/or operates various facilities. These include high voltage transmission lines for bulk power transfers, substations for system monitoring and control and changing of voltage levels, and lower voltage feeder lines to carry the electricity to the consumers. The high capacity lines energized at 230 kV and 115 kV feed out from the Talbot Hill Station which receives power from the adjacent BPA Maple Valley Station. From Talbot Hill these lines carry power to other transmission stations or to distribution substations where the voltage is stepped down for entry into the feeder system. A stand-by electrical generating plant is also located within the Planning Area. The Shuffleton generation facility is an oil-fired steam generating plant rated at 86 megawatts (MW) peak output. Historically, the facility has functioned as a back-up to the primary hydro-based sources. Averaging 15 days of production per year, Shuffleton was last used in April 1991. fi V-31 i 'i:i .„:„., :- Ill! I i.*---'1 BELLEVUE )r---I-7_ ,flut...-_-111 • ''='s' ▪ m >xv:>;:< •-..____.4.... . .� L_ --- x,,_11_ .0...a..",o.n,t.l ISS z.:3_=s-. KL • Figure 6-1 .. MERCE� ", II , 9 `-' - 'r ''' u�aoRrNNE Cis•Olt E I c.\\ I. fr" <-. [SLANT >Y?v< ::� li I ,, ,, . A. �R :�:�::_� � � FACILITIES .Y ELECTRICAL FAC I S . ,: ya p' �';;n >`>c.: ,t."''>g;M :• s `.a-:;•f'sz .ifilqw , .i JO �I a I z>,z.s.,: -;,..g. .. :<' // I Q` Puget Power ,qfy �..' S.`a Acct•^-..„,:e.Xvtv,•:•c�fi.....• / i \ ��`-`—Z "-a . s`.;:M45'`'"`--`"`_fefee • n Seattle Cit Light SE TLE '�f :.f:: :,<:.r<.x �,. Y 9 -r' .N.• ,-s:;:'_<'-as•-6::' °s_s-':. °� \ �•„r -"-"-” "'Bonneville Power Administration . Ilf���� s^t '`h �u.� \ Proposed Transmission Lines NE I \I y • O Proposed Upgrade of Existing \y �\ A 4—'71T.91 i� _rte•.\ ULines from 115KV to 230KV W.i v \'\.fy \ // .�e.�a�•a •� -..,nil. \. . SUBSTATIONS i/ \ \\•p �\` • • ; <`\ ; \ Puget Boeing BPA SCL \�j `r • • `� ���. � ` I I� ')�_ \ O Generation \ I ■ • Transmission • \•.� i� I 'J.. I . I o A( Distribution r I t /1 "' I \i �., f L LAVE.VI000NALD • I Proposed Distribution .- /% '� LIE K.InrLEf.•1 4► Cable f � ''1! ;811 i .„::,,L. `_C 1 I ' LAW.k'. \�/ \\r _,��"•> L��:�L /�'� I City Limits `j e w Ir.wp1 • I I - Urban Growth Boundary t1 i t II �.,",....m, a;`:_ _``• n .m,■."•....: ":•,,,. _.._.._. _ Sphere of Influence • A I ';'.' T.-"-- I ‘, \ \ ! --\�= ; I P.,N. • \�••••^••�• ••Y • ) 1 0 5000 10000 ri 1ph:' I - - _f 1 w_� +� �• k I_ —„ ,,, ...._ ."...........,wall ... • `If • ! ` — v:: �l , . Note: For graphic presentation only. �/-1 Facilities are not to scale. LL a I iss I I ` /' • J c•a• ! w I LE-_____ i .,--_-. 1\ I ,SPRf.� ler /\ fI \ / t\ iI .j I ' - ,!LOY LIKE �. I 4ENT I I;: F , I 1 s I .. \ I• • LONG RANGE PLANNING a I r L --- ..• i :^1 \ ••. • J t\ :r ri:c . u:ENci: O.Dennison II , j _”"r" - j 1 • ! R.MacOnie. D.Visneski iO IJ •- 1 \ANrrrE LIKE •% ..: 0•�� \ • f LIKE rouNc� I,. 24 March 1995 A__ _ r,. • \ ...• , . • :_t r ?*...41-- /,--T SOURCE: PUGET POWER LAND PLANNING GIS. OCTOBER 1992/SEATTLE CITY LIGHT. OCTOBER 1993 CITY OF RENTON UTILITIES ELEMENT Seattle City Light. The portion of Renton's Planning Area currently served by Seattle City.Light is small, containing only two minor distribution substations, Bryn Mawr and Skyway. Power is provided to these substations by Seattle's Creston distribution substation. In addition, several Seattle City Light rights-of-way pass through the City and the Urban Growth Area. These circuits include: O the Bothell-Renton Right-of-Way (r-o-w), with one of two SCL 230 kV lines currently in use and leased to Puget Power. © the Renton-Creston R-O-W, with six 230 kV lines. © the Cedar Falls R-O-W, with one 115 kV line. Capacity/Reliability of Existing System Puget Power and Seattle City Light are both capable of meeting the current electrical load in their respective service areas. Puget Power operates eleven distribution substations in the Renton Planning Area with a total nameplate capacity of 284,400 kilowatts (kW). The residential/commercial peak load utilization factor for these substations is 87.5%. SCL's Creston substation is outside the Planning Area, but supplies power within it. Creston's capacity is 106,000 kW.and has a utilization factor of 81%. The utilization factor, or the load to capacity ratio, is normally maintained in the 75% to 85% range. Leaving excess capacity under normal conditions allows a reserve for periods of extraordinary load during extreme cold weather, and for system diversity (see Reliability section, following). The capacity of individual elements is not the sole consideration in evaluating an electrical system, however. Our dependence on electrical power is such that the overall grid and the constituent utilities must continue to furnish power even with the failure of individual components. Electric service interruptions are most frequently a product of extraordinary circumstances. Either an element of the system has been overtaxed by an unusual load or it has been weakened or removed by some external condition or event. Any such occurrence could cut off an area from the grid and/or endanger other parts of the system by a sudden transfer of power from one conductor to another of insufficient capacity. To mitigate these threats to the system, redundant lines and facilities of adequate capacity are necessary. This diversity is programmed to meet reliability criteria which assume a failure of one or two components of a system (single or double contingency) with no loss of customers or damage to equipment. Customer Connections Puget Power and Seattle City Light provide service within the Renton Planning Area to 39,456 residential customers and 3,752 commercial, industrial, and special customers. Forecasted Conditions - Electrical The total population for the Renton Planning Area (city plus annexation area) in 1990 was 101,593. The total 1990 employment for the Planning Area was 59,656 jobs. Forecasted increases in population would result in 135,161 persons and 91,874 jobs, within the Planning Area, by 2010. The net increases will be 33,568 in population and 32,218 in employment in the twenty year time frame. Based on these forecasts the V-33 CITY OF RENTON UTILITIES ELEMENT Renton Planning Area will have an additional load of 147.3 MVA, excluding industrial load increases, at the extreme winter peak in 2010. Industrial load additions will comprise some part of the 82.3 MVA increase that Puget Power anticipates for Renton industrial consumers by 2020. Future Capacity of Electrical Facilities To assure system reliability and to provide the capacity necessary to accommodate the growth anticipated for the Renton Planning Area, SCL, BPA and Puget Power have planned for upgrades and additions to their respective systems. Puget Power. Puget Power has prepared a King County Draft GMA Electrical Facilities Plan. According to this plan, the utility has several system improvements in progress within the Renton Planning Area which are necessary to serve forecasted load growth for the next thirty years. Puget Power's plans for future transmission lines, facilities and upgrades will increase system capacity and reliability. Also proposed is the Aqua substation. This substation may or may not be located within the City's Urban Growth Boundary, but in either case would likely serve residents both within and outside of the urban growth boundary. Seattle City Light. The existing 4 kV lines are being replaced with a new 26 kV network. The Bryn Mawr and Skyway substations will no longer be needed and will be taken off-line when this upgrade is complete. Additionally, SCL has indicated the possibility of adding two 230 kV transmission lines from BPA's Covington Substation to south Seattle on existing transmission line corridors to serve load growth within the next twenty years. Bonneville Power Administration. The agency has plans to increase reliability by installing additional 500 kV circuits and 500 kV to 230 kV transformers. While these will benefit Renton, they are not within the Planning Area. The only project that BPA currently has planned for inside the Planning Area is a static VAR for the Maple Valley Station. This device senses increased load and signals the capacitors to release stored energy. Conservation & Demand Management Conservation is one means to reduce loads, existing or projected, on the electric system. This can delay the need for new or expanded generation and transmission facilities. System wide, Puget Power expects that conservation will yield an.additional 296 average MW and 592 MW on system peak in the year 2010. Conservation programs are enacted on a utility-wide basis and regulated by the WUTC. Where conservation reduces overall electrical consumption, demand-side management influences when the demand will occur. Educating consumers to modify their consumption patterns, imposing a sliding rate structure for time-of-day and for increment of energy used, or directly controlling energy use by certain customers, can all serve to spread the load throughout the day. Since electric utility systems are designed to accommodate peak loads, this method can delay the need for additional capacity. Policy U-94. The provision of electricity to the within existing electric facility corridors where City's Planning Area,should be coordinated with appropriate. local and regional purveyors to ensure the availability of electricity to meet projected growth Discussion: These policies promote the efficient in population and employment. delivery of electrical service to the community by regional purveyors while minimizing impacts to Policy U-95. Encourage purveyors of electrical the community. power to make facility improvements/additions V-34 CITY OF RENTON UTILITIES ELEMENT Natural Gas And Fuel Pipelines Objective U-I: Promote the safe transport and delivery of natural gas and other fuels within the Planning Area. Existing Conditions - Natural Gas Background Natural gas is a mixture of hydrocarbon and non hydrocarbon gases extracted from porous rock formations below the earth's surface. The gas makes its way from the producing fields via the interstate pipeline at high pressures, often over one thousand pounds per square inch (psi). Colorless and odorless as it comes off the interstate pipeline, a powerful odorant, typically mercaptan, is added for safety purposes to make leaks easier to detect. Through a series of reduction valves, the gas is delivered to homes at pressures of from .25 to 2 psi. In recent decades, the residential popularity of natural gas has risen. Cleaner burning and less expensive than the alternatives, oil and electricity, it has become the fuel of choice in many households for cooking, drying clothes, and heating home and water. In 1991, the share of new homes that connected to natural gas lines within the Washington Natural Gas service area was about ninety-nine percent (99%). Natural Gas Utility Service Area Washington Natural Gas (WNG) is an investor-owned utility that builds, operates and maintains natural gas facilities serving the City of Renton Planning Area (City and designated Urban Growth Area). WNG's greater service area includes Snohomish, King, Pierce, Thurston and Lewis.Counties. The company operates under a franchise of the Washington Utilities and Transportation Commission (WUTC) which certifies the WNG service area. General Location of Natural Gas Facilities Washington Natural Gas operates under a franchise agreement with the City of Renton which allows WNG to locate facilities within the public street right-of-ways. The gas distribution system consists of a network of high pressure mains and distribution lines that convey natural gas throughout the Planning Area. Natural gas is provided to WNG by the Northwest Pipeline Corporation which operates a system extending from Canada to New Mexico. Two parallel Northwest Pipeline Corporation high pressure mains enter the Planning Area south of Lake McDonald and terminate at the South Seattle Gate Station located at Talbot Road and South 22nd Street (see Figure 7-1). WNG high pressure mains then extend to smaller lines branching-off from the primary supply mains. Through a series of smallerlines and pressure regulators the gas is delivered to consumers. WNG also operates an underground propane storage facility (Figure 7-1). The main components of the natural gas system are illustrated in Figure 7-2. Capacity of Natural Gas Facilities Washington Natural Gas Company records show that 4,842 customers were being served within Renton city limits as of June, 1982. The number of customers has increased since then, and 7,020 customers were being served as of July, 1993. Within the overall Planning Area, 20,731 customers are presently served by WNG. • V-35 • CITY OF RENTON UTILITIES ELEMENT A portion of the Planning Area, west of the Renton Municipal Airport, and straddling S.R. 900 is currently not served by Washington Natural Gas (refer to Figure 7-1). Provision of natural gas service to this area would onlyrequire extension of intermediate service lines. The capacity of the system is primarily constrained by the volume of gas entering the WNG network from the Northwest Pipeline Corporation mains. Current capacity of the South Seattle Gate Station, the point of entry for natural gas to the area, is nine million standard cubic feet per hour (scfh). This can serve approximately 180,000 residential customers. Currently, 79,000 customers are served by this gate station, only a portion of whom are in the Renton Planning Area. The minimum pressure at which gas can be delivered is fifteen pounds per square inch (15 psi). Methods for increasing supply to a particular area include replacement of the lines, looping, installing parallel lines, and inserting higher pressure lines into greater diameter but lower pressure mains. A reserve of natural gas supply is maintained in order to respond to temporary shortfalls in the natural gas supply due to weather-driven higher demand or supply interruptions. A number of separate utilities share the facility, however, and hence it isnot dedicated to the Renton Planning Area. Natural Gas System Reliability • Since natural gas is chiefly used as a home heating fuel, demand rises as the outdoor temperature drops. The locally available gas supply and the capacity of WNG's delivery system may not always be sufficient to provide product to all customers during periods of exceptional demand. Therefore, WNG has several short term, load-balancing strategies. As stated previously, WNG operates a storage facility that provides a reserve of additional gas for times of shortfall. 'Also, some gas customers are served under an interruptable service contract. For those times when gas resources become limited, these connections can be temporarily dropped from the system. Residential customers are always granted first priority for available gas supply. Another strategy to maintain system pressure is the looping of mains. Feeding product from both ends of a pipeline decreases the possibility of localized pressure drops and increases system reliability. Forecasted Conditions Washington Natural Gas predicts a growth rate of 41.2% in demand for this 20 year planning horizon. According to this assumption, demand for gas will average 1,227,562.6 cubic feet per hour for December; 2010 within the Renton Planning Area. WNG has stated that they will be able to accommodate this increased demand. This will be accomplished through an upgrade of the South Seattle Gate Station to allow the entry of an additional two million scfh into the system, for a total capacity of eleven million scfh. The backfeed from Covington will add another three million scfh and, with the current peak hour feed of one million scfh from Issaquah, there will be sufficient supply capacity to serve the customer base anticipated for 2010. Proposed New or Improved Facilities Figure 7-1 shows the one proposed high pressure main required to meet the increased gas demand which should result from the forecast growth. The ultimate placement of the line will be based on right-of-way permitting, environmental standards, coordination with other utilities and existing infrastructure placement. WNG has a policy to expand the supply system to serve additional customers. Gas connections are initiated by customer requests. V-36 �..: UE -�c�L: - ----rLEV -! ri BE 5 1 ISA —-- C : r I - I 1\ cs....‘ MERCE�i ' �� 5 L_ -, Figure - ISLAND �.:.:.:....:� /.'.::::-:-.:.::�: ,J LAK£'WREN I u {-1 NEWCA E I t I - • ---I 'Sp �H f ( ' r `e0 PO :: CN 1.n �•�•FZ� 1 �_ -. NATURAL GAS FACILITIES I 1 r 1 1`.... .....::.....:....:. _! n j St{3TE F i I q I f 0 A 1 4 `.Yt=:'<'29.k::v?�ii'fL.':'`':c': 9 \! . � ;Or r�'?� i �j la Z ` NORTHWEST PIPELINE CORPORATION F. K SININ - - - - Existing Mains //JJyJ + `"":Y ``�;.,'', \I 11\ I0.. • 1 i• Q1-.'s-_I_ -N WASHINGTON NATURAL GAS •`•' h {`;Yt I �T I • ' 1 I .� Existing High Pressure Mains < \ ;, �� I i . , , (z) ) •-•-•-•- Proposed High Pressure Mains Y.. :',.:':y \ 1 I I ExistingFacilities IIr\\ L_ 1 \ \ ) -"--'-'— I LAKE.VACDONALD•i 1 I _; \_� �~ // - ` wx xlrrlLEr.N _ `"?;t;:t ;;.:;:Area with no natural gas service flyer .CT` ' .. l r-;- =' " 1 I ;, • '•W�1- ' r-� L•�c.� v,: I City Limits = I ---- •— 11�� I �'.�, .. ....__,_.....=:_.:.,::::::.„.triI % r'�;1-=' ; j -._• _.-. -• _._ Urban Growth Boundary I * I _.� aI ei Sphere of Influence lI ;� I. i ( 0 5000 i0000, 1 � .i I I .I-- _J --.- L.-- - iw r , • •`, `Ip• s -- Jj ` • i 1'L.IfE DESIRE l = b r • / 11.I r ————"� -`•,I \ ' - Note: For graphic presentation only. /'- ` I I I I \ I ' Facilities are not to scale. • 1 • ---- '—--1 -- •---- 1 - •� .. I • 1 3 -- -•I _I �I ` . I S!•HI..0 LIA"E KENT 1 I 'I I \ IIL�DI I_IdE I_��I 771 I \ I . LONG RANGE PLANNING tl I ^3 I \` J. T_1••L:o_.Ir-Ivn.crvre 0.Dennison / I 1 I I,)I IrnIKB,J e 1 ' • R.MacOnie, D.Visneski .'.L i \_ I �•� I •�° uar. ror..v,� 1`:•1 I \ 24 March 1995 SOURCE: WASHINGTON NATURAL CAS. 1993 , CITY OF RENTON UTILITIES ELEMENT Maximum capacity of the existing distribution system can be increased by the following methods: increasing distribution and supply pressures in existing lines, installing parallel mains, replacing existing with larger sized mains, looping mains, and adding district regulators from supply mains to provide additional intermediate pressure gas sources. Existing Conditions Utility Service Area Olympic Pipeline Company is a joint-interest company that provides a variety of fuel oil products via a system of pipelines throughout the region. The stock is held by Atlantic Richfield Corporation (Arco), Shell and Texaco oil companies. Olympic transports oil products from the Ferndale British Petroleum (BP) refinery, the Cherry Point Arco refinery and the Anacortes Shell and Texaco refineries through Renton to Seattle, Sea-Tac International Airport, and points south to Portland, Oregon. Olympic's Renton facilities function as a regional distribution hub, as well as supplying the local market with petroleum products. General Location of Fuel Product Pipelines and Other Facilities The Olympic Pipeline Company's facilities in the Renton Planning Area include a system of pipes, varying from 12 to 20 inches in diameter, and a central monitoring station at 2319 Lind Avenue SW. Petroleum products enter Renton via two pipes from the City's northern border , then extend south and west to the Renton Station. From here, a 12-inch main heads north, eventually intercepting the City of Seattle Skagit Transmission Line right-of-way toward Seattle. Two parallel branches also extend westward to the Green River, at which point one line heads west to Sea-Tac Airport and one turns south to serve Tacoma and beyond. Figure 7-2 shows the pipelines within the Renton Planning Area as well as Olympic's Renton Station. Renton Station is the monitoring and control center for the entire pipeline network Here, also, oil products are transferred to trucks for distribution. Capacity of Fuel Product Pipelines and Facilities The Olympic Pipeline Company currently carries an average of approximately 270,000 barrels of product per day, varying according to the transported material. The absolute capacity of the system is over 350,000 barrels. As the primary supplier of petroleum products to Western Washington, Olympic states that system capacity is sufficient to meet current demand. Forecasted Conditions Olympic, though not directly serving City of Renton, affirms that they can and will increase the capacity of the system to accommodate a demand commensurate with the expected population and land uses anticipated by 2010 in the Renton Planning Area. Aside from laying new pipelines, options for increasing capacity include introducing drag reducing agents to the petroleum products, increasing the horsepower of the pumps, and replacing individual sections of pipe where bottlenecks tend to occur. Policy U-96. Coordinate with local and regional Policy U-98. Allow for the extension of natural purveyors of natural gas for the siting of gas distribution lines to and within the city limits transmission lines, distribution lines and other and Urban Growth Area, provided they are facilities within the Renton Planning Area. consistent with development envisioned in the Land Use Element of the Comprehensive Plan. Policy U-97. Support cost effective public programs aimed at energy conservation, efficiency and supplementing of natural gas supplies through new technology. V-38 B.ELLEVUE ----' ::• � • h ' \---k I CISSA :i 4::' .:: .:::.tom / _ MERCE ::...�+ I I'•- rte_ �\ _� L 1 , Figure 7-2 ISLAND NE!W iASTLE BOREN '_"= / = I I cL --J \,!.z,,,,, o ` PETROLEUM PRODUCT PIPELINE -- \ o r Up o- o' `Et r i:JY:�'i.:`[.'..i:-f�i::fir it:.` ;i�i:`;. f l// f a ELINE CO MPANY Y P PIP N O L M IC ) \C • P h I Li h: s. v t° I L I Z 5E-k TLE rq >=i`. f A . . J i n - ��——I 11, a r‘4f1 e a i \I`` fI li I �\ ., I� o I I •�. — Petroleum Product Pipeline .._..\.1/4.,„ \ � • • � + . / �I ccwnej no \V,. Monitoring & Control Station • 1. C 1\ ��l it L City LimitNi s \` it I i • l —...-111°1-1"—.....= Urban Growth Boundary `� \\ .J i j — Sphere of Influence 117 ���fff I._ r•—1 r) _ , „___ �� • •. i. Kr.ic+rnua Lira.veenoN,+cB i y V \ C ., ,,. Il I " ""``'" I,: . I 0 5000 , . 00 ,. .,,s ,.2i, , ,,„,. F h _.„, ._ •:.2 _ �:1 I 1 ,,,,, IF. r•— , I Note: For graphic presentation only. ( ',) 1 ' 1— --::-,f = I , , �. 1 , r----..S.•S.•i L.—.J I Facilities are not to scale. 1 _ :I _ I .,7 1 i `.'sr"'-.--".-)---9 B k.' ule BcsrRe \ l \\Th\ -- ,- • �') r:.::. — I I I I p-- j KENT 1 1 r ' .' 1"... 4N.+BY LAKE . LONG RANGE PLANNING 5' I 1r:''.::'' • I SPRING LA,t �_ O.Dennison ^ p , �( •\ :+'AERN UF`BF+IFaCF. R.MBCOnle� D.Visneski r \ f —\. �- 24 March 1995 — I I { I A.KTIIKR L+Ka ,_r � �� I 3 I Lira routrav)c) I \ SOURCE: OLYMPIC PIPELINE COMPANY. 1989 CITY OF RENTON UTILITIES ELEMENT Policy U-99. Require that petroleum product Discussion: These policiessupportthe pipelines are operated and maintained in such a development of a safe, efficient and comprehensive manner that protects public safety, especially distribution system to provide natural gas and fuel where those facilities are located in the Aquifer products to meet the community's needs. Protection Area. Telecommunications Objective U-J: Promote the timely and orderly expansion of all forms of telecommunications services within the City and the remainder of its Planning Area. Telecommunications: Conventional Telephone, Fiber Optic Cables, Cellular Telephone, and Cable Television Existing Conditions - Conventional (Wireline) Telephone Utility Service Area - Conventional Telephone Service to Renton.and its Planning Area is provided by US West Communications, Inc., a subsidiary of US West. US West is an investor-owned corporation whose holdings include companies serving regional, national and international markets, including telephone services to 25 million customers in 14 western states. The subsidiaries include directory publishing, cellular mobile communications and paging, personal communications networks, cable television, business communications systems sales and service, communications software and financial services. All cities within the State of Washington fall within a particular Local Access and Transport Area (LATA). These LATAs are telephone exchange areas which define the area in which US West is permitted to transport telecommunications traffic. There are 94 exchanges within Washington where US West provides dial tone and other local services to customers. General Location of Conventional Telephone Facilities Telephone service systems within Renton and its Planning Area include switching stations, trunk lines, and distribution lines. Switching stations, also called "Central Offices" (COs), switches calls within and between line exchange groupings. These groupings are addressed uniquely by an area code and the first three digits of a telephone number. Each line grouping can carry up to 10,000 numbers. Renton has 14 of these groupings. The CO serving Renton is located in a building on 3rd Avenue South within downtown Renton. Four main "feeder" cable routes generally extend from each CO, heading to the north, south, east and west (Figure 8-1). Connected to these main feeder routes are branch feeder routes. The branch feeder routes connect with thousands of local loops that provide dial tone to every subscriber. These facilities may be aerial or buried, copper or fiber. Local loops can be used for voice or data transmission (such as facsimile machines or computer modems). A variety of technologies are utilized including electronics, digital transmission, fiber optics, and other means to provide multiple voice/data paths over a single wire. Methods of construction are determined by costs and local regulations. V-40 j I ."-i BELLEVUE i` b-[; _ n S' L i = _ 1... ::.. -1 i i (-N...._ 'I` i\ !SSA j ( i �_; r � ' Figure 8-1 ....:.; :". ::. MERCER L_` ISLAND ``, \LJ ` 1 r -'_' NEWCASTLE I la f s 'E - e i e �e 0 P I F L �V t PR 9 l �� pr 1 Fro USWEST TELEPHONE /^ I .., FACILITIES \ :':71St,~Rs,IINCYW7°.%?:c:::\\ •�-\ I - L o 0 n s a I — 11SE 1— sl~l':E-�::o:.:z:~.i+;;:;, 0 \ u. 11111116 r Li ,a, ii 1 —"I li- \1 Z4Fi— I A 4 , IM I o �� c \' /\ of ff / \` *y •�� .• rum/ i u....—..—. �—����.ML.`.dr a qpv_ 1? . . t.1:. •\\_,00....... `r • — Main Feeder I j n [�—J • I10 � , Central Office or 1 1 _ i ( \ _ I - ,•• L �_, tt KATHLEEN SKI YACDON£0 I ,�, . Ulf - ' " 1 City Limits 1� .. 1 I \ 1_ r— M _" ! —••—•—•----- _ _ — Urban Growth Boundary __ 2 '�'LE VALLEY MO 1 .. ". 4. I JA i — Sphere of Influence 1 i� \ 6J i !•_ 'r i 1 �1 / / ! ✓, _ ! r —i• O 5000 1000(— I I 7 Ai I //ilf 1 1 j J —— \ 1 Note: For graphic presentation only. �u. I— c I I I Facilities are not to scale. 1— -----I f I SPRING!A d \ • Ii KENT i " _- \ uADr LAKE�:. '.. —q r y • LONG RANGE PLANNING N O.Dennison I i 1 l J __ _ •�e! o:oe Ivn.utxce + = R.MacOnie. D.Visneski I �PAnrxrx LAKE _.<�- ., ;: I — t ` , • 24 March 1995 E ] \,.Lit rOUYcsT� I .r► . i I-- \ \ . SOURCE: US WEST. 1993 . • • CITY OF RENTON UTILITIE_ -J ,EMENT Capacity of Conventional Telephone Facilities Capacity of a CO is a function of the type of switch employed. Advances in technology and the use of digital transmission provide for increases in switch capacity to meet growth. As of 1990, US West provided service to 58,312 customers in Renton and the remainder of its identified Planning Area. Reliability of the Conventional Telephone System Telephone service is very reliable with the exception of extraordinary circumstances such as severe weather events or natural disasters. In many cases, the system may still be operational, but the volume of calls being placed to and from the affected area creates shortfalls in service. In Renton, the Inauguration Day windstorm of January, 1993, resulted in some system outages. Generally, following a catastrophic event, public telephone systems would be restored before service to individuals and businesses. Forecasted Conditions - Conventional Telephone Forecasted Capacity of Conventional Telephone Facilities Ample capacity exists in the Renton CO to accommodate growth projected in the Comprehensive Plan Land Use Element. Recent technological advancements have resulted in consolidation of equipment at the Renton CO. Several additional floors are available in the building housing the CO for future expansion of the system. Line facilities within the Planning Area would require some upgrading, but no new buildings would be needed to meet projected growth. Regulations governing telecommunications require that the purveyor provide adequate telecommunication service on demand. Growth is accommodated by upgrading facilities and constructing new facilities. New technology is employed to enhance service, when available and practical. Enhancements necessary to maintain adequate capacity are determined through regular evaluation of the system. US West has confirmed that they will be able to extend timely service to all current and new subscribers anticipated in the population forecasts for the Renton Planning Area. Existing Conditions - Fiber optic telecommunication systems Utility Service Area -Fiber Optic Telecommunications The Starcom Service Corporation, a Washington corporation of the Canadian Starcom International Optics Corporation of Vancouver, B.C. plans to locate facilities within the City of Renton Planning Area. The system is a "carriers carrier" and is not intended to connect with individual users in the City of Renton. Services are to be leased to other telecommunications purveyors. The cable based telecommunications system will provide a telecommunication link between Vancouver B.C. and Seattle. A fiber optic cable is currently being reviewed by the City for permitting and construction, with"service scheduled to begin in 1994. General Location of Existing Fiber Optic Telecommunications Facilities As of this writing, no Starcom fiber optic facilities are in place in Renton. However, the company is currently engaged in the permitting required to bury cable within the 100 foot wide Burlington Northern Railroad right-of-way, about four feet below ground. The line generally follows the eastern shore of Lake V-42 CITY OF RENTON UTILITIES ELEMENT Washington from the northern city limits to the Boeing facility, then roughly parallels I-405 until it intersects with I-5. Forecasted Conditions - Fiber Optic Telecommunications Systems Forecasted Capacity of Fiber Optic Telecommunications Facilities According to Starcom, the proposed fiber optic cable and latest technology regenerative equipment will provide capacity to meet growth envisioned in the City's Land Use Element of the Comprehensive Plan. Existing Conditions - Cellular Telephone Background- Cellular Telephone Cellular system technology works on the principle of reusing radio frequencies. The same radio frequency can be reused as long as service areas do not overlap. In this way, shorter antennas can be used and located on top of existing structures, rather than constructing free-standing towers. Siting of cellular facilities depends on how the system is configured. The cell sites must be designed so that channels can be reused, because the FCC allocates a limited number of channels to the cellular telephone industry. As cell sites were initially developed, a few large cells were established using hilltops or tall buildings to site transmission and receiving antennas. This allowed for maximum coverage of the large cell. Clusters of smaller cells have since replaced the larger configuration, diminishing the need for larger antennas. Thus, shorter antennas and poles provide coverage for the smaller cell sites. This division of cells will continue to occur as the demand for cellular service grows. Eventually, cell sites will be placed less than two miles apart with antennas situated on poles about 60-feet high, or the height of a four-story building. Cell sites are located within the center of an area defined by a grid system. Topography and other built features can affect signal transmission, so the cell is configured to locate the cell site at an appropriate place to provide the best transmission/reception conditions. Sub-cells are sometimes created because natural features such as lakes, highways or inaccessible locations prevent siting within the necessary one mile radius from the ideal grid point. Preferred cell site locations include: existing broadcast or communications towers, water towers, high rise buildings, vacant open land appropriately zoned which could be leased or purchased, areas with low population densities to diminish aesthetic impacts. When new antenna structures are required for the cell site, monopoles or lattice structures are often utilized. Monopoles generally range in height from 60 feet to, 150 feet. The base of the monopole varies between 40 to 72 inches in diameter. Monopoles are generally more aesthetically acceptable, but changes in the system such as lowering of antennas is not possible without major changes. Lattice structures are either stabilized by guy wires or self-supported. Generally, the maximum height of a lattice structure is limited to between 200 and 250 feet. Guyed towers can be built to accommodate a greater height, but the guy wires can pose navigational problems to migrating birds and aircraft in agricultural areas. In addition, the taller towers often are perceived to have more severe aesthetic impacts.. All structures require that a six to eight foot separation occur between antennas for signal reception. This is termed "system diversity" and is needed on the reception antennas in order to receive an optimal signal from the mobile telephone. Utility Service Area - Cellular Telephone V-43 CITY OF RENTON UTILITIES L.' 'MENT - Cellular telephone service is licensed by the FCC for operation in Metropolitan Service Areas (MSAs)and Rural Service Areas (RSAs). The FCC grants two licenses within each service area. One of those licenses is reserved for the local exchange telephone company (also referred to as the wireline carrier). US West Cellular (NewVector) holds the wireline licenses in the Tacoma, Seattle, Bellingham and Spokane MSAs. The non-wireline licenses in these areas, and also in the Yakima MSA is held by McCaw Cellular Communications (Cellular One). Recently, Cellular One merged with AT&T. Existing Capacity of Cellular Telephone Facilities Forecasting for cellular facilities is accomplished using a two-year horizon. Information regarding current and future predicted number of subscribers is considered by the purveyors to be proprietary, and no data was furnished in this regard. However, statewide customer counts total approximately 250,000, with the number anticipated to increase to several million by the year 2010. It is predicted that by the period covering the years 2005 to 2010, approximately twenty percent (20%) of the population in Washington State will be served. Reliability of Cellular Telephone Facilities Cellular communications are considered to be more reliable than conventional telephone systems because they can continue to operate during electrical power outages. Each cell site is equipped with a back-up power supply, either a battery or generator, or combination of the two. Severe weather events or natural disaster conditions have validated the use of cellular telephones on numerous occasions throughout the country. When conventional telephone systems fail, or telephone lines are jammed, cellular calls have a better chance of being completed. Forecasted Conditions - Cellular Telephone Future Capacity of Cellular Telephone Facilities As previously stated, forecasting for new cellular facilities uses a relatively narrow time frame of two years. Expansion is demand driven. Raising the density of transmission/reception equipment to accommodate additional subscribers, cell splitting, follows rather than precedes increases in local system load. Therefore, cellular companies must maintain a short response time and a tight planning horizon. The increase in customers is expected to reach up to 20% of the State's population by 2010. US West NewVector reported a 45% rise in subscriptions in the Puget Sound area in 1993. Existing Conditions - Cable Television Background- Cable Television Cable television or CATV (Community Antenna Television) originated with small-scale attempts to obtain a clear television signal in areas too remote or too obstructed to receive one via the airways. Dating from the 1940s, the early systems were constructed of surplus wiring and basic electronic hardware. Subsequent technological innovations in signal transmission have increased the number of available channels and permitted the emergence of new players in the television broadcast industry. The multiplicity of channels and the ability to direct the signal to specific addresses have opened up both niche and global markets to information and entertainment purveyors. V-44 t t BELLEVUE �_ 5' `7 ' 1 • ,. i it —_ 1 z7� -i n I t " 1 I I I= � I r 1 �1SSA f `!� I I . l I 8-2. MERCE�t : ;:>:>s L_ t-, Figure ISLAND uxE RORER I 1 �I NEWCASTLE c\ , I a n r '.. e. R -I I f O P li Gail:IgiVa; fa ORE 11 ! `F P Z!Y G f PROPOSED s k-- __ I F M' l S w 5 r I '.•, FIBER OPTIC C CABLE P bii . . I ' Lo- z I .1 a� - f SEA TLE _ � A .:- ks _ o n •r y . ti \ 1 _J 1 5,= 1 I ! _ I W I . Ilit 1/4:,. ° 1 ��' • 1 I •` �• _ CEYETEdr RD . i � ` �1I♦j1'/ • C i • ce..` \ .. 4.001"1". ..414--www-r400/' i ;L_ I� �' _KE RATRLEEA• LUCE.YACDONALD I� �� � I StarCom Fiberoptic Coble ���� �� 111\ , lit.ifittlit,_ `-�� U J �` ! - City Limits ""'�v uE Ro j Urban.Growth Boundary 1� I ` to 1 ___________•— Sphere of.Influence I �\� i i_ I .i t* (\ ! . , moo io a i J I IC 0 5000 10000, / 1 j �� .�.•� 1v r.--. ... . .: '_°----, IT\ C‘.::-:''. ' .:..5. 1 '\ %) . / J I r J ! -' \''...N .(,.,‘ Note: For graphic presentation only. I _ I I �` I \ Q Facilities are not to scale. I a 1 SPRING;Alf KENT- i I �� :� 'rrAor uxe ,� - - - — • LONG RANGE PLANNING I-=- .n� 1 O.Dennison jI ~,\ r \ .,r• ILee\�e •Ivrtiucvc; •�= R.MacOnie, D.Visneski �P4vrnER LIKE j<� �. : 24 March 1995 -- I ( I wre roapLs in i �� • �y►� SOURCE: STARCOM. 1993 1 ^ CITY OF RENTON UTILITIES.F"EMENT Utility Service Area - Cable Television Telecommunications of Washington, Incorporated (TCI) holds a cable television franchise to serve the City of Renton. The service area includes the entire incorporated area of the City, expanding with annexations. All residential neighborhoods within the City are currently served. Service is still unavailable in some commercial areas due to market conditions which presently preclude line extension. General Description and Location of Cable Television Facilities The TCI facilities supplying Renton with cable television service are composed of a receiver, a headend, a trunk system and a feeder system. The receiver and the headend, which amplifies, processes and combines signals for distribution bythe cable network, are located north of Burien, Washington. The signal is then transmitted via low-power microwave to a site in Kent, Washington, where it enters the trunk system. Signal strength is maintained by amplifiers placed at intervals along the cables. The amplifiers also serve as junction points where the feeder system taps into the trunk cables. Service drops then.provide the final connection from the feeder line to the subscriber. Generally following street right-of-ways, the present network encompasses residential neighborhoods to the east, north and south. The unserved portion of Renton generally includes the commercial and industrial areas located in the Green River Valley. Capacity of Cable Television Facilities A cable system is not subject to the same capacity constraints as other utilities. Providing and maintaining the capacity to serve is the contractual responsibility of the utility. According to the City's franchise agreement with the purveyor, TCI must make service available to all portions of the franchise area. In some circumstances, costs associated with a line extension may be borne by the service recipient. TCI currently offers 38 active television channels, the maximum number possible with existing equipment. In addition, seven FM radio stations and 30 channels of digital music are available by subscription. Forecasted Conditions - Cable Television According to the provisions of TCI's franchise agreement with the City, the company must continue to make cable service available upon request when reasonable for any property within the current or future city limits. Therefore, under the current terms of this franchise, TCI would be required to provide cable service to projected growth within the City and the remainder of the Planning Area. Policy U-100. Require that the siting and location Policy U-102. Encourage healthy competition of telecommunications facilities be accomplished among telecommunication systems for provision of in a manner that minimizes adverse impacts on the current and future telecommunication services. environment and adjacent land uses. Policy U-101. Require that cellular communication structures and towers be sensitively sited and designed to diminish aesthetic impacts, and be collocated on existing structures and towers wherever possible and practical. V-46 i jj • ! t C ':x:f(_Y'1 onl Amended by Ordinenec No. 2748 CITY OF RENTON, WASHINGTON RESOLUTION NO. 2735 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE AQUIFER PROTECTION AREA FOR WELLS NO. 4 AND NO. 5A AND ADOPTING THE CEDAR RIVER AQUIFER PROTECTION AREA MAP AND LEGAL DESCRIPTION. WHEREAS, the City of Renton, Washington, depends heavily upon its wells to produce drinking water for its citizens; and WHEREAS, the protection of those wells and the aquifers from which they draw is of paramount concern; and WHEREAS, the City Council has had the opportunity to review a report defining the aquifer protection area for Wells No. 4 and No. 5A, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I: The above recitals are hereby found to be true and correct in all respects. SECTION II: The City Council approves the aquifer protection area defined for Wells No. 4 and No. 5A and adopts the map and legal description for the combined Wells No. 4 and No. 5A, and the Cedar River aquifer protection area. RESOLUTION NO. 2735 PASSED BY THE CITY COUNCIL this 8th day of August, 1988. --Jezier____„„e_)e7")g2it_-__4:2-6- Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 8th day of August, 1988 . lailL /ge0-66-L.- -Otele - Kathy K elker-Wheeler, Mayor Pro tem eo Appro ed as to form: Lawrence J. W ren, City Attorney RES . 31: 8-3-88 : as. Legal description of Zone 1 Well Field Aquifer Protection Area (APA) in the City of Renton (King County) , WA. Descriptions are based on information from the King County assessor maps . The APA Zone 1 boundary line is within the Zone 2 APA boundary and matches a port ' n of the westerly ne 2 boundary line from Point 37 through Point 49 ( see legal description of Zone 2 APA bo ndary) . The scription of the Zone 1 boundary line starting at Point No. 37 at he northerly side of the Zone 1 area, and ending at Point 49 at the southerly side of the Zone 1 area is as follows : Beginning at the intersection of the north section line of Section 17 , Township 23 North, Range 5 ast, of the W.M. and the centerline of Garden Avenue N. , 37 Thence easterly along said section line approximately 1 , 350 feet to the intersection with the centerline of N. 3rd Place, 100 Thence southeasterly along the said road centerline approxi- mately 730 feet to t�e intersection with the centerline of N .E. 3rd Street, 101 Thence east-southeasterly along said road centerline approxi- mately 1 ,100 feet to the intersection with the centerline of Monterey Drive N.E. , 10 Thence southerly and then easterly along said road centerline approximately 1 , 400 feet to the intersection with the east 1/4 , 1/4 section line of the southwest 1/4 of the northeast 1/4 of Section 17 , Township 23 North, Range 5 East, of the W.M. ► 103 Thence southerly along said 1/4 , 1/4 section line approxi- mately 380 feet to the intersection of the north 1/4 section line of the southeast 1/4 of Section 17 , Township 1'7 North, Range 5 East, of the W.M. , 104 Thence easterly along said 1/4 section line approximately 1 , 320 feet to the northeast corner of the southeast 1/4 section of ,Section 17 , Township 23 North, Range 5 East, of the W.M. , 105 Thence easterly along the north 1/4 section line of the southwest 1/4 of Section 16 , Township 23 north, Range 5 East, of the W.M. Approximately 1 , 990 feet to the centerline of thp northeast 1/4 of the southwest 1/4 of the said section, 106 • Thence southerly a. Ig said centerline and U.- prolongation of said line approximately 2 ,200 feet to the intersection with the centerrl`ine of the Burlington Northern Railroad right-of-way, 107 Thence westerly along said railroad centerline approximately 3 , 480 feet to the intersection with the east 1/4 , 1/4 section line of the southwest 1/4 of the southeast 1/4 ,4 Section 17 , Township 23 North, Range 5 East, of the W.M. , 108 Thence southerly along said 1/4 , 1/4 section line approxi- mately 1 , 070 feet to the intersection with the south section line of Section 17 , Township 23 North, Range 5 East, of the W.M. , 109 Thence westerly along said section line approximately 1 , 330 feet to the intersection with the west 1/4 section line of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M. , 110 Thence northerly along said 1/4 section line approximately 1 , 320 feet to the intersection^with the established line N. LN. H. H. Tobin D.C. #37 , 111 Thence westerly along said established )ine approximately 594 feet to an established angle point, 112 Thence northerly along said established line approximately 1 , 000 feet to the intersection with the center)ine of the Burlington Northern Railroad right-of-way, 113 Thence westerly along said railroad right-of-way approxi- mately 450 feet to the intersection with the centerline of the Prim. State Hwy. No. 1 right-of-way, 114 Thence southwesterly along said right-of-way centerline t the intersection with the centerline of S . 4th Street. 49 For continuation of the Zone 1 APA boundary from Points 49 through 37 , see the legal description between said points for the Zone 2 APA boundary. • Legal descriptio__ of Zone 2 Well Field Aquirer Protection Area (APA) in the City of Renton (King County) , WA. Descriptions are based on information from the King County assessor maps. The APA boundary line joins the City of Renton existing • corporate limits line at the northerly and southerly sides of the. APA Zone 2 area. The easterly APA boundary line is the existing City of Renton corporate limits line. The westerly APA boundary line is described as follows : • Beginning at the northeast corner of the southeast 1/4 of Section 32 , Township 24 North, Range 5 East, of the W.M. , which is at the intersection of S .E. 88th Street and 116th Avenue S.E. point of beginning) Thence westerly along the north 1/4 section line approximately 1180 feet to the intersect ' on with the current City of Renton Corporate Limits Line, 1 (Start of Zone 2 Legal description boundary) ` Thence westerly along said 1/4 section line approximately 1440 feet to the northwest corner of the southeast 1/4 of Section 32 , Township 24 North, Range 5 East, of the W.M. , 2O Thence southerly along centerline of said section approximately 670 feet to the intersection with the ea terly prolongation of the centerline of S.E. 90th Street, 3 Thence westerly along said prolongation line approximately 600 feet to the intersection of S .E. 90th Street and 106th Avenue S.E. , O4 Thence southerly approximately 660 feet to th intersection of 106th Avenue S.E. and S.E. 92nd Street, Thence westerly approximately 680 feet to he intersection of S .E. 92nd Street and 104th Avenue S.E. , 6 Thence southerly approximately 650 feet to th intersection of 104th Avenue S.E. and S.E. 94th Street, 7 Thence westerly approximately 1290 feet to th intersection of S.E. 94th Street and 100th Avenue S.E. , ' Thence southerly approximately 690 feet to the intersection of 100th Avenue S.E. and S.E. 96th Street, which is the Northwest corner of S ction 5 , Township 23 North, Range 5 East, of the W.M. , �9 Thence southerly along the west line of said section approximately 410 feet tothe intersection with a survey travers line within the Northern Pacific Railroad Right-of- Way, 10 Thence S 45-20-5 3.,\ 896 . 84 feet along sai4 raverse line to an angle point, 0A Thence S 18-37-12E, 3331 .10 feet along same said traverse line to an angle point, 10B Thence S 6-07-12 W, 768 .72 feet along said traverse line where it intersects with the south 1/4 section line of the Southwest 1/4 section Section 5 , Township 23 North, Range 5 East of the W.M. , 11 Thence easterly approximately 894 feet to the southeast corner of said 1/4 section, which is also ie intersection of 108th Avenue S.E. and N.E. 12th Street, 12 Thence easterly approximately 1320 feet to the intersection of N.E. 1 h Street and 112th Avenue S .E. (Aberdeen Avenue N.E. ) , 13 Thence southerly along Aberdeen Avenue N.E. a roximately 610 feet to the centerline of N.E. Park Drive, 14 Thence easterly along N.E. Park Drive approximately 1540 feet to the intersection of Edmonds Avenue N.E. , 14A ' Thence southeasterly along N.E. . Park Drive, approximately 610 feet to the intersection of the east-west 1/4 section centerline of the Northwest 1/4 section of Sect ' n 9 , Township 23 North, Range 5 East of the W.M. , 15 Thence easterly along said 1/4 section centerline approximately 2190 feet to the intersection of the North- South centerline of Section 9 , Township 2 North, Range 5 East of the W.M. (Monroe Avenue N.E. ) , 16 Thence southerly along said section centerline (Monroe Avenue N.E. ) approximately 330 feet to the tersection of Monroe Avenue N.E. and N.E . 10th Street, 17 Thence easterly along N.E. 10th Street approximately 660 feet to the i ersection of N.E. 10th Street and Olympia Avenue N.E. , 18 Thence southerly along said road centerline approximately 250 feet to th intersection with the centerline of N.E. 9th Street, 19 Thence easterly along said road centerline approximately 250 feet to the int section with the centerline of Pierce Avenue N.E. , 20 Thence southerly along said road centerline approximately 620 feet to th intersection with the centerline of N.E. 8th Street, 21 Thence easterly along said road centerline approximately 400. feet to e intersection with the centerline of Queen Avenue N.E. , 22 Thence southerly along said road centerline approximately 470 feet to th intersection with the centerline of N.E. 7th Street, 23 Thence easterly along said road centerline approximately 160 feet to the int section with the centerline of Redmond Avenue N.E . , 24 Thence southeasterly and then southerly along said road centerline approximately 740 feet to he intersection with the centerline of N.E. 6th Place, 25 Thence westerly along said road centerline approximately 260 feet to the intersect . n with the centerline of Queen Avenue N.E. , 26 Thence southerly along said road centerline approximately 260 feet to th intersection with the centerline of N.E. 6th Street, 27 Thence easterly along said road centerline approximately 1 , 320 feet to t intersection with the centerline of Monroe Avenue N.E. , 28 Thence southerly along said road centerline approximately 500 feet to the i ersection with the centerline of 5th Avenue N. , 29 Thence westerly along said road centerline approximately 320 et to the intersection with the centerline of "L" Street, 30 Thence southerly and then westerly along said road centerline approximately 1 , 000 feet to the interse ion with the centerline of Jefferson Avenue N.E. , 31 Thence southerly along said road centerline approximately 260 feet to the intersection with the centerline of N.E. 4th Street and the south section line of ection 9 , Township 23 North, Range 5 East, of the W.M. , 32 Thence westerly along said section line approximately 1 , 660 feet to the intersection with the centerline of Edmonds Avenue N.E. and the southwest corner of Sectn 9 , Town- ship 23 North, Range 5 East, of 'the W.M. , 33 Thence westerly along the south section line of Section 8 , Township 23 North, Range 5 East, of the W.M. approximately 700 feet to the intersection with the easterly right-of-way of the Pug Sound Power & Light Co . transmission line right,- of-way, 34 Thence northwesLrly along said right-of-way line approxi- mately 1 , 400 feet to the intersection with the north 1/4 , 1/4 section line of the southeast 1/4 of the southeast 1/4 of ction 8 , Township 23 North, Range 5 East, of the W.M. , 35 Thence westerly along said 1/4 , 1/4 section line and the prolongation of said line approximately 2 , 400 feet to th intersection with the centerline of Garden Avenue N. , 36 Thence southerly along said road centerline approximately 1330 feet the intersection with the centerline of N. 4th Street, 37 Thence westerly along said road centerline approximately 730 feet t the intersection with the centerline of Pelly Avenue N. , 38 Thence southerly along said road centerline approximately 670 to the intersection with the centerline of N. 3rd Street, 39 . Thence westerly along said road centerline approximately 270 feet t the intersection with the centerline of Wells Avenue N. , 40 Thence northwesterly along N. 3rd Street centerline approxi- mately 370 feet to the ntersection with the centerline of Williams Avenue N. , 41 Thence southerly along said road centerline approximately 620 feet to th intersection with the centerline of N. 1st Street, 42 Thence northwesterly along said road centerline approximately 20 feet to th intersection with the centerline of Williams Avenue N. , 43 Thence southwesterly along said road centerline approximately 470 feet the intersection with the s thwesterly right-of-way line of the Cedar River waterway, 44 Thence southerly along Williams Ave . approximately 1040 ft. to the intersection with the centerline of S . 2nd Street, 45 Thence southerly along Williams Avenue S . approximately 560 feet to e intersection with the centerline of S . 3rd Street, 46 Thence easterly along said road centerline approximately 600 feeto the intersection with the centerline of Main Avenue S . , 47 Thence southerly along said road centerline approximately 560 feet to th intersection with the centerline of S . 4th Street, 48 Thence easterly a ng said road centerline _ )roximately 190 feet to the intersection with the enterline of the Prim. State Hwy. No. 1 right-of-way, 49 Thence easterly along S . 4th Street centerline approximately 480 feet to the intersection of die centerline of the Cedar River pipe line right-of-way, 50 Thence southeasterly along said right-of-way approximately 1950 feet to the intersection with the south section line of ction 17 , Township 23 North, Range 5 East, of the W.M. , 51 Thence southeasterly along said right-of-way approximately 3 , 900 feet to the intersection with the east section line of ction 20 , Township 23 North, Range 5 East, of the W.M. , 52 Thence southerly along said section line approximately 2 ,370 feet to the southeast corner of Sect ' n 20 , Township 23 North, Range 5 East, of the W.M. , 53 Thence westerly along the south section line of said section approximately 720 feet to the intersection with the center- line of 114 Avenue S .E. and the end of the westerly APA boundary. 54 I i 1111 :�d'"_r'F�v�a/�. / ii•-•_•1....4,-./i I' 1-'. I r a. '� t �. 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" _ 1- - -I __. \K.4�� - - i s'. •l:lIt ^. % RENTON CITY COUNCIL - Regular Meeting February 10, 1992 Municipal Building Monday, 7:30 p.m. Council Chambers MINUTES CALL TO ORDER Mayor Earl Clymer led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF KATHY KEOLKER-WHEELER, Council President; RICHARD COUNCILMEMBERS STREDICKE, ROBERT EDWARDS; TIM SCHLITZER; NANCY MATHEWS; TONI NELSON; JESSE TANNER. PRESS Dean Radford, Valley Daily News; Geordie Wilson, South Seattle Times. CITY STAFF IN EARL CLYMER, Mayor; LAWRENCE J. WARREN, City Attorney; JAY ATTENDANCE COVINGTON, Executive Assistant to the Mayor; MARILYN PETERSEN, City Clerk; LYNN GUTTMANN, Planning/Building/Public Works Administrator; RICHARD ANDERSON, Utility Systems Director; RON OLSEN, Utility Engineering Supervisor; LYS HORNSBY, Civil Engineer; VINCENT LEE, Senior Housing Project Manager; CHIEF A. LEE WHEELER, Fire Department; CHIEF ALAN WALLIS, Police Department. APPROVAL OF MOVED BY KEOLKER-WHEELER, SECONDED BY MATHEWS, COUNCIL MINUTES COUNCIL APPROVE THE MINUTES OF FEBRUARY 3, 1992, AS PRESENTED. CARRIED. PROCLAMATION A proclamation by Mayor Clymer was read recognizing the engineering National Engineers Week, ingenuity, knowledge, and skills which have benefited State of Washington; 2/16-2/22/92 and declaring 2/16-2/22/92 as National Engineers' Week. Mayor Clymer urged that citizens join this observance under the 1992 theme "Engineers: Turning Ideas Into Reality." MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted and published Utility: Aquifer in accordance with local and State laws, Mayor Clymer opened the public Protection Ordinance hearing to consider the Aquifer Protection Ordinance. Utility Systems Director Richard Anderson introduced Utility Engineering Supervisor Ron Olsen, Civil Engineer Lys Hornsby, and Consultant Mike Warfel who have worked on the Aquifer Protection project. Mr. Anderson explained that the City's aquifer, an underground water- bearing soil strata, is 23 feet below ground surface at Cedar and Liberty Parks. Because of the shallow level, the aquifer is at risk of contamination. He provided a brief history of water supplies in the region, noting that because of a regional supply deficiency, the City of Seattle has declared it will not serve new users or allow existing users to expand their service boundaries. Mr. Anderson noted that it would be cost effective to protect Renton's water supply rather than develop an alternative water supply, clean up a contaminated water supply, or provide water treatment facilities. He also pointed out that to protect its water supply, the City has: 1) Conducted several studies to obtain important data to guide water utility programs. February 10, 1992 Renton City Council Minutes Pane 60 2) Implemented the Underground Storage Tank Ordinance, a resolution establishing the Aquifer Protection area, the Environmental Protection Agency (EPA) sole-source aquifer designation, and the Hazardous Waste and Storage Zoning Ordinance. 3) Implemented improvements, such as obtaining golf course water rights, installation of monitoring wells at the PACCAR site, relocation/development/construction of supply wells, development of computer model to simulate contaminant flow, and exploration for a deep aquifer in the golf course. 4) Required that other agencies respect the City's water source through installation of telemetry system for water supply and monitoring wells, implementation of I-405 protective measures, installation of Mt. Olivet tight line for leachate pipeline, and installation of King County transfer station sewers and monitoring wells. The Aquifer Protection Ordinance includes the following: 1) Threshold quantity requirement for regulated substances; 2) Removal of facilities in Zone l of the aquifer protection area that cannot comply with the terms of the threshold requirements within ten years; 3) Specifications for pipeline materials and testing standards; 4) Engineering plan review of new development proposals by a water utility engineer using criteria for prohibited and exempted uses, permit requirements, secondary containment and monitoring requirements, and storm water and sewer requirements. 5) Prohibition of certain new facilities such as landfills and hazardous waste facilities in Zones 1 & 2. 6) Requirement for reporting and cleaning up unauthorized release of regulated substances. 7) Conditions for residential development. 8) Construction standards for the use and handling of regulated substances. 9) Review and issuance of facility closure permits to ensure that property is clean when operations cease. 10) Penalties for non-compliance. The ordinance will be implemented as follows: 1) Commercial, industrial, and business activities within Zone 1 using more than the minimum quantity of regulated substances will be required to comply within 12 months. 2) Business within Zone 2 will be required to comply within 24 months. 3) Any business using, manufacturing, or storing regulated substances greater than the minimum quantity must have a permit to ensure that the business has the ability to clean up spills, provide secondary containment, and monitor storage. ti Mr. Anderson said that the ordinance exempts single-family residences unless operating a business; fuel tanks attached to motor vehicles; sale of unopened containers of five gallons or less; businesses that use five gallons or less of any one substance or twenty gallons aggregate quantity; and existing heating systems using fuel oil. • Mr. Anderson stated that the staff recommended that the ordinance be passed with the following inclusions: 1) Set threshold quantity of five gallons for regulated substances; 2) Allow 12 months for compliance in Zone 1; February 10, 1992 i Renton City Council Minutes Page 61 3) Allow 24 months for compliance in Zone 2; 4) Require that non-conforming businesses relocate out of Zone 1 within 10 years, and there be no subsidy of relocation costs by the City; 5) Program be funded through a water rate increase applied to the water meter charge (estimated per typical residence cost $0.48 per month). 6) Require that development within 330 feet of a sewer line connect to sewer service. Councilmembers made the following inquiries: 1) Has the public had an opportunity to review the ordinance? 2) What exemption applies to single-family residences? 3) What is the typical meter cost for businesses? 4) How were Zone 1 and Zone 2 designations determined? 5) Are relocating businesses exempt from permit fees? 6) Are there safeguards to ensure that aquifer-threatening business does not locate in Zone 1? 7) Will the real estate community be informed of the regulations? 8) Will property deeds contain zone designations? 9) What exemptions apply to multi-family residences and non-conforming residences? 10) What protection does the City have if Renton's water supply becomes a regional water supply? Mr. Anderson responded as follows: 1) Several public meetings have been held, drafts of the proposed ordinance have been available to the public for several months, the current draft has been available for two months, and the issue paper was published two weeks ago. 2) Single-family residences are not exempt from the proposed increase in monthly meter charges but are exempt from the requirement to obtain a permit. 3) Since businesses have different size meters it is difficult to quote a typical charge. 4) The outside boundary of the aquifer to the north, east, and south generally follows the City limit line, and the City has the power to impose water rights legislation only within the City. The zones were based upon the geology of the area. 5) There has been no discussion regarding permit exemption for relocating businesses. 6) All development plans will be reviewed by the Water Utility Division for compliance with the Aquifer Protection Ordinance. 7) The real estate community will be notified when the ordinance is approved so that potential buyers can be made aware of the regulations. 8) The ordinance will contain legal descriptions of property in Zone 1 and Zone 2, and will be recorded with King County. Normally, a title search lists property exceptions on the title insurance policy. 9) All residential properties are exempt from the relocation and permit requirements unless a business operation is attached to the residence. 10) If Renton's water system becomes part of a regional water system in the future, the City would probably receive reimbursement for its investment. Jack Riley, Aqua Barn Travel, 15227 SE Renton-Maple Valley Highway, Renton, 98058, stated his opinion that he owned the water rights on his property because he had filed for those rights. He reported that water use February 10. 1992 Renton City Council Minutes Page 62 within the City of Renton boundaries has lowered the water levels on three of the wells on his property, and requested that the City address this situation to ensure that water levels remain consistent. Ray Griffin, 14306 144th Avenue SE, Renton, suggested that City wells be relocated to protect the water supply from contaminants. He made the following inquiries: 1) Why is the railroad allowed to carry chemicals and petroleum over the aquifer? 2) Why are pesticides and fertilizers used by the Parks Department? 3) Why does the City property not have storm drains when they are required elsewhere? 4) What emergency measures would be taken if a tanker truck tipped over? 1 5) Why are sewer lines allowed over the aquifer? He suggested that well fields be relocated on the Renton plateau or in Maplewood to protect the water supply from the potential threat of the Metro , interceptor, petroleum pipelines, the railroad, I-405, and/or downtown Renton businesses. Marjorie Richter, 300 Meadow Avenue North, Renton, 98055, asked whether underground tanks belonging to discontinued service stations and other businesses have been removed from the aquifer area. Sanford Webb, 430 Mill Avenue South, Renton, 98055, stated that some of the businesses in Zone 1 have contributed to Renton for over 30 years and should not have to bear the full burden of this legislation. He said water purity affects everyone and everyone should share in its cost. Mr. Webb recommended that the City reevaluate the need for the stringent requirements in the ordinance, and pay the costs for implementation of controls and relocation of businesses. Bong Ki Choy, 4601 130th Avenue SE, Bellevue, spoke on behalf of his sister and brother-in-law who own Tony's Cleaners in Renton. He said that since the business would be unable to comply with the ordinance, the cost of relocation would create a hardship. In response to Councilman Edwards' inquiry, Mr. Anderson said that all underground tanks have to be removed and/or replaced with tanks that provide secondary containment. He stated further that the ordinance provides a 10-year period for businesses to conform to the provisions of the ordinance; and if conformance is not possible, the business would have to relocate. Shawn Hollands, 1501 4th Avenue, Seattle, representing the North American Refractory Company (NARCO) manufacturing plant stated that some of the ordinance regulations are arbitrary and cannot be scientifically justified. He ' suggested that the ordinance regulations contain varying threshold ranges since chemicals vary in toxicity. Mr. Hollands also noted that leakage or spillage from certain land uses can be controlled by setting reasonable performance standards rather than requiring relocation of facilities. He said that if inspection and monitoring procedures are in place, there is no need for a land use ban. Mr. Hollings claimed that the ordinance discriminates against industrial users of land since it provides exemptions for agricultural and residential uses. February 10, 1992 Renton City Council Minutes Pane 63 Attorney David Halinen, representing Stoneway Concrete, 800 Bellevue Way NE, Suite 376, Bellevue, 98004, said that the ordinance unfairly shifts the cost of water supply protection to business owners in Zones 1 and 2. He requested that the Council consider the following: 1) Businesses be allowed to conduct a containment program without having to ultimately relocate. 2) Payment of relocation costs if containment is not possible. He noted that the relocation cost for Stoneway would far exceed the projected $50,000. Councilmembers requested additional cost information from Mr. Halinen. Bill Bryant, Bryant Motors, 1300 Bronson Way North, Renton, said that the company would ultimately have to relocate since it cannot comply with the proposed storage levels for regulated substances. Mr. Bryant requested that the Fire Department and other City departments form a mutual understanding for controls and monitoring standards. He said that Bryant Motors recognizes the need for water supply protection, and has already installed containment tanks in compliance with City regulations. He further stated that Bryant Motors has never had any evidence of contamination in 46 years. Mr. Bryant expressed concern regarding the value of his property in ten years if he is forced to relocate. Virginia Forte, 40-Rentals, 1100 Bronson Way, Renton, supported protection of the aquifer; however, the Company is concerned about meeting the requirements for regulated substances. She said that efforts to acquire a permit for an above-ground fuel tank have not been successful. Ms. Forte questioned whether 40-Rentals would need to install a test well when there is one within five feet of the property line; and asked if a calculation had been made to determine the percentage of material regulated by the ordinance versus the percentage of material exempted. Versie Vaupel, P. O. Box 755, Renton, 98057, supported the ordinance, and noted that residents must change their habits to protect the aquifer. Responding to Councilman Edwards' inquiry, Mr. Anderson said that Zone 1 businesses subject to ordinance regulations must: 1) Apply for an operating permit within six months; 2) Achieve compliance for secondary containment and monitoring within twelve months; and 3) Relocate within ten years if compliance is not possible. MOVED BY STREDICKE, SECONDED BY EDWARDS, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY STREDICKE, SECONDED BY TANNER, COUNCIL REFER THE PROPOSED AQUIFER PROTECTION ORDINANCE TO THE UTILITIES COMMITTEE FOR FURTHER STUDY. CARRIED. Recess MOVED BY STREDICKE, SECONDED BY MATHEWS, COUNCIL RECESS FOR TEN MINUTES. CARRIED. Time 9:00 p.m. The Council meeting reconvened at 9:10 p.m.; roll was called; all members were present. 1 Law Offices HALINEN & VANDER WEL, P.S. A Professional Service Corporation Bellevue Place/MGM Building (206)454-8272 DAVID L. HALINEN,P.E. 800 Bellevue Way NE, Suite 376 Fax(206)646-2851 Bellevue,Washington 98004 February 10, 1992 HAND DELIVERED Renton City Council Municipal Building 200 Mill Avenue South Renton, Washington 98055 Re: Proposed Aquifer Protection Ordinance Dear Council Members: I represent Stoneway Concrete, a division of Gary Merlino Construction Co. , Inc. , a Washington corporation ( "Stoneway" ) , regarding its concerns with respect to the City's proposed aquifer protection ordinance ( "Proposed APO" ) . As you know, Stoneway' s concrete batch plant is located on the Maple Valley Highway within what has been designated as "Zone 1 " of the aquifer protection area ( "APA Zone 1 ") . One of Stoneway' s major concerns with the Proposed APO is the manner in which its mandatory relocation requirements would be imposed upon those commercial enterprises currently located within APA Zone 1 . (The APA Zone 1 is "the land area situated between a well or well field owned by the City of Renton and the 365-day groundwater travel time contour. " Proposed APO, Section 4(E) ( 1 ) . Note that the travel time-boundary line is arbitrary but is nevertheless being . used to regulate property rights in an exclusionary manner as discussed hereinbelow. ) Under the Proposed APO, " [t]en ( 10) years after the effective date of this ordinance, the storage, handling, use, treatment or production of any regulated substance in quantities greater than the de minimis amounts specified in Section 5(I) [sic; should be Sections 6(A) and 6(B) ] of this Ordinance at existing facilities shall not be allowed within Zone 1 of an APA. " Proposed APO, Section (9) (A) (1 ) . Under the Proposed APO, any APA Zone 1 business that cannot eliminate from its operation the use, storage, or handling of more than 5 gallons or 25 pounds of regulated substances must vacate its current location. In addition to the facility's forced relocation, the Proposed APO would also require all APA Zone 1 non-exempt facilities within one year of the Proposed APO's effective date to ( 1 ) install groundwater monitoring wells and monitor groundwater quality,l (2) install containment 1 Although this provision is discretionary, we anticipate that City staff will require monitoring wells at all larger sites such as Stoneway. Renton City Council February 10, 1992 Page 2 devices to collect and hold releases of regulated substances, and (3) implement a regulated substances monitoring program. Proposed APO, Section 9 . Under the Proposed APO, both (1 ) the relocation costs and (2) the interim compliance costs must be borne totally by private business. As a result of our review of the City Planning Department's January 30, 1992 Issue Paper for Proposed Aquifer Protection Ordinance (the "Proposed APO Issue Paper" ) , Stoneway believes that the Proposed APO's mandatory relocation requirement unfairly derives a purely public benefit solely at private expense. We therefore respectfully ask the City Council to carefully consider other alternatives prior to the Proposed APO's adoption. The reasons for Stoneway' s belief that the Proposed APO's relocation requirement is an unfair imposition upon private business are two-fold. In the first place, on its face the Proposed APO mandates that all non-exempt businesses in Zone 1 must either (a) reduce quantities of regulated substances to below the threshold levels or (b) move outside APA Zone 1 within 10 years. Proposed APO, Section 9(A) ( 1 ) . This mandatory relocation provision is totally contrary to the City Water Utility's recommendation that only "moderate and high risk" businesses should relocate from APA Zone 1 within 10 years. Proposed APO Issue Paper at 14 (Recommendation) . In light of the substantial aquifer protection mechanisms that an APA Zone 1 facility must have in place within one year from the Proposed APO' s effective date (e.g. , containment systems and devices) , Stoneway believes that the across-the-board relocation requirement is unreasonable. Perhaps moderate and high risk businesses that choose not to implement the Proposed APO' s Section 9(F) requirements should be relocated from APA Zone 1 . However, the City has failed to produce any evidence that a protected APA Zone 1 facility presents any more significant risk of contamination to the aquifer than an unprotected APA Zone 2 facility. As Proposed APO, Section 9 (F) (2) notes, " [c]ontainment devices shall prevent such substances from penetrating into the ground. " Thus, where protective mechanisms are installed and operational at APA Zone 1 facilities in compliance with the Proposed APO, the justification for mandatory relocation will not exist. Secondly, the Proposed APO materially differs from what is purported to be the only other aquifer protection program in the United States that includes a relocation requirement. Proposed APO Issue Paper at 8 (Conclusion) . The other local program which purportedly includes a relocation requirement is that of Palm Beach County, Florida (the "Palm Beach Relocation Program" ) . However, in the Proposed APO, Renton's Planning/Building/Public Works Department has overlooked three critical aspects that import substantial fairness into the Palm Beach Relocation Program. / Renton City Council February, 10, 1992 Page 3 First, Palm Beach County has defined its aquifer protection area zone 1 as that land area delineated by a 30-day travel time. Proposed APO Issue Paper, Table 3 (Palm Beach County' s Aquifer Protection Ordinance) . Thus, the Palm Beach Relocation Program affects only those businesses whose discharge could theoretically reach groundwater wells within one month as compared with one year under Renton's Proposed APO. Palm Beach County obviously feels that a 30-day travel time distance encompasses a great enough area to protect its aquifer through Zone 1 regulations . Why does the City nee to to include a 1-year travel time distance area within its APA Zone 1 ? Second, the Palm Beach Relocation Program gives affected businesses the option to either (a) comply or (b) relocate outside of zonej1 within one year. Obviously, if a business chooses to comply with the ordinance's protective mechanisms, then the business may stay at its current location in lieu of relocation. Third, in the event that a business must be relocated out of zone 1 , the actual cost of relocation or other losses would be paid by Palm Beach County. Stoneway believes that the Palm Beach Relocation Program much more reasonably balances the need for aquifer protection on the one hand with the recognition of private property rights on the other hand than does Renton' s Proposed APO. If the City Council determines that it should adopt as part of the Proposed APO a relocation requirement, Stoneway urges the City Councilto adopt a program similar to the Palm Beach Relocation Program. We urge you to consider the above during your deliberations concerning the Proposed APO. Thank you for your consideration. Sincerely, HALINEN & VANDER WEL, P.S. (421-id L. Hann '4?- 61114-.41 cc: Mr., Donald J. Merlino, Stoneway Mr. Robert Hines, Esq. , Stoneway BLUE BIRD BRYANT MOTORS, INC. SCHOOL • TRANSIT • CHARTER BUSES CITY OF RENTOh February 10 , 1992 FEB 1 3 1992 e;IIY CLERK'S OFFICE Renton City Council 200 Mill Ave . So . Renton , WA 98055 Dear Council Members : After careful review of the Aquifer Ordinance we feel that there is need to define the following: 1 . Are we going to be able to operate in Zone 1 of the aquifer if we handle more than 20 gallons aggregate of regulated substances? In our particular case we will most likely not be able to operate with less than 1000 gallons . This 1000 gallons will be made up of oils , solvents and antifreeze . We hope that our use of these products will be allowed as they are a basic and necessary part of our operation . 2 . We would like to see a mutual understanding between the fire department and other city departments as to controls and monitoring standars that they deem necessary. These controls and monitoring or rules that we will live by as a business must be the same for all city bodies. We need to know that these regulations are not cost prohibitive and that they will not become cost prohibitive ; but at the same time we realize they will protect the safety of Renton ' s water supply. As a customer of the city I would hope to be treated fairly andgiven equal benefit . Now and when the Aquifer Ordinance goes into effect we want clean and safe water. Our intentions in no way are any different than any other citizen or business. We want clean water . Sincerely , j Bill Bryant 1300 BRONSON WAY NO. • RENTON, WASHINGTON 98055 (206)255-3478 tee . , AQUIFER PROTECTION ORDINANCE COUNCIL PUBLIC HEARING PRESENTATION PURPOSE OF HEARING: To present the proposed ordinance to City Council and to obtain public comment. HEARING FORMAT - PRESENTATION/COUNCIL QUESTIONS/PUBLIC COMMENT REFERRAL TO UTILITY COMMI FI EE. 1. Intro: Ron, Lys, Mike Warfel 2. Material available: ordinance and issue paper. 3. We will present background on regional water supply issues, a description of the ordinance, including key provisions and exemptions; and, a discusssion of the significant issues that were raised in our earlier public meetings and in the many letters received. AQUIFER PROTECTION IS A MATTER OF RISK MANAGEMENT: Definition: An aquifer is an underground water bearing soil strata. Our Cedar and Liberty Park aquifer begins 23 feet below the ground surface. Because of the shallow level and there is no overlying impermeable protective soil layer our aquifer is at risk of contamination. Aquifer Protection then is Risk Management is accomplished by: Risk Reduction: Education, Training, Emergency Response, Inspections, Ground Water Monitoring/Sampling/Testing and Up-grading facilities. Risk Prevention: Land Use Controls, Property Acquisition REGIONAL WATER SUPPLY HISTORY In recent years water issues have become more visible and of greater public concern. In fact water is one of the biggest issues facing our State and this region today. Seattle's Cedar River Water supply, which is a regional supply, was developed in the 1890's and the Tolt River system was added in 1960. No significant new source has been added since then. Bellevue did make an attempt during the 1970's and 1980's to develop a water supply from the North Fork of the Snoqualimie River. Approximately $2.0 million was spent in this unsuccessful effort. Regional growth, weather conditions and increased competition for water resources have caused shortages and required conservation efforts. There is a deficiency in the Puget Sound area water supply to meet domestic needs. Because of this supply deficiency, Seattle has declared it will not serve new purveyors or allow existing purveyors to expand their service boundaries. They also have stated that the next significant regional water.:supply will be through conservation. CURRENT PROPOSALS FOR EXPANDING THE REGIONS WATER SUPPLIES (Explain Map of Drainage Basins) ALTERNATIVE DESCRIPTION COST (millions) Morse Lake Pumping Utilizing that portion of the reservoir below the $3.1/mgd Cedar River outlet by installing large pumps. Skagit River 100 mgd (200 mgd peak) yield via 60 miles of $5.8/mgd Diversion pipelines from the Skagit to the Tolt pipeline near Woodinville. North Fork Tolt Develop a new water shed with dam and $4.5/mgd River Diversion diversion structure and treatment plant. Sultan River/Everett Sultan River and Spada Lake diversion to South $4.6/mgd Intertie Snohomish and the Tolt pipeline near Woodinville. Tacoma Pipeline #5 Diversion via new pipeline to Lake Youngs. $4.0/mgd North Bend Develop an aquifer in the North Bend area with $2.6/mgd Groundwater interties for regional supply. Development Our aquifer is there and useable. Other alternative supply sources are not readily available and they will be very costly. COMPETING DEMANDS FOR WATER RESOURCES Not only are we facing regional water shortages, but there are many competing demands on regional water resources, including: Fisheries, Indian Nations, recreation, agriculture, Local Government, environmental interests, State Agencies and business. I ) The Department of Ecology has attempted to resolve the many competing interests and demands for water resources and that effort is embodied in an agreement called "The Chelan Agreement". The Chelan Agreement is an agreement setting-up the means and method to cooperatively plan for water needs and uses on a regional basis. The issue out of these competing demands is: in-stream resources or the allocation of water rights. Renton has water rights for its existing production wells and we are trying to perfect the rights on our new wells #11 and #17. However, because of the Chelan Agreement we should anticipate delays or postponement of action on the issuing of water rights and on decisions on future water needs. The window of opportunity to secure our water rights is becoming short and new water rights will be much more difficult to obtain. RENTON'S POSITION IN REGIONAL WATER SUPPLIES We have our own water supply system and we have the ability to manage and control it. We are not like other cities or water districts that must purchase their water. Springbrook Springs: 600 gpm 6 - Wells: 13,200 gpm 7 - Reservoirs: 15.5 million gallon capacity 9 - Booster Pump Stations 13 Pressure Reducing Zones (28 valves) The existing supply is adequate to meet the maximum day demands, but will not be adequate if we lose any portion of our supply. Addition of the two new Wells in the golf course area will provide supply to meet the 1995 projected maximum day demand. RENTON'S EFFORTS IN DEVELOPING AND PROTECTING ITS WATER SUPPLIES. For the development, management and protection of the City's water supply we have prepared several studies to obtain important data and to guide the City's water utility programs; 1. Well Field Protection Study: Adopted by Resolution 2553, July 23, 1985 2. Cedar River Valley Aquifer Test - Data Report for the City of Renton 3. Analysis Report for the City of Renton - Cedar River Valley Aquifer Test 4. EPA Sole Source Aquifer Petition March, 1988. 5. Well Field Monitoring Study 6. Summary of Groundwater Modeling Efforts in Support of Renton Aquifer Management (contaminant transport modeling). 7. Emergency Response Plan. Passed Protective Legislation, 1. Underground Storage Tank Ordinance: Implementing Federal legislation and requiring the removal and/or secondary containment of underground fuel storage tanks. 2. Aquifer Protection Area established by Resolution. (Zone 1 & 2 Map) 3. EPA Sole Source Aquifer Designation (provides further protection and control for the aquifer). October 3, 1988. 4. Ordinance Zoning for Hazardous Waste and Storage. Constructed many Improvements, 1. Acquired Golf Course Water Rights 2. PACCAR Constructed Monitoring Wells to Test for Contamination at its site. 3. Relocated and Redeveloped Supply Wells No. 1, 2 and 3. 4. Computer Model Development to simulate the flow of contaminants in the aquifer. 5. Construction of Supply Well No. 5 in the Kennydale area. 6. Construction of Supply Wells No. 11 & 17 at the Golf Course. 7. Exploration for a deep aquifer in the Golf Course area less susceptible to surface contamination. Developed Monitoring Systems, Constructed 37 Monitoring Wells. Conducted Education Programs (aquifer awareness program); and, We have required other agencies (WSDOT, METRO, King County) to give proper attention and respect to our water supply source. 1. Telemetry System installed for water supply and monitoring wells. 2. I-405 Protective Measures (landfill liner, no piling). 3. Mt. Olivet tight line for leachate pipeline. 4. King County Transfer Station sewers and monitoring wells. These are a few of the many things we have accomplished in the development and protection of our water supply system. AQUIFER PROTECTION ORDINANCE - What the Ordinance is: A set of rules and regulations to guide and control land uses in a specific area for the protection of the City's water supply aquifer. AQUIFER PROTECTION ORDINANCE - Who is affected? Everyone is affected. All rate payers, residents and businesses, in the City who have been funding the programs for the development, delivery and protection of our drinking water. AQUIFER PROTECTION ORDINANCE - KEY PROVISIONS (page 3. Issues) 1. It establishes a threshold quantity requirement for the regulated substances. 2. Removal of facilities in Zone 1 of the APA that cannot comply with the terms of the threshold quantity requirements within ten (10) years. 3. Specifications for pipeline materials and testing standards. 4. Engineering plan review of new development proposals by a Water Utility Engineer using criteria such as prohibited and exempted uses, permit requirements, secondary containment and monitoring requirements, and stormwater and sewer requirements. 5. Prohibition of certain new facilities such as landfills, hazardous waste facilities in both Zones 1 and 2 of the APA. 6. Requirement for reporting and cleaning up unauthorized releases of regulated substances. 7. Conditions for residential development such as requirements for connection to sanitary sewers if within 330 feet of a sewer line with capacity, prohibition on new use of heating oil, and requirements for storm water conveyance and treatment. 8. Construction standards with respect to the use and handling of regulated substances. 9. Review and issuance of facility closure permits to ensure that property is clean when operations cease. 10. Violations and penalties for noncompliance. AQUIFER PROTECTION ORDINANCE - How it Operates: Commercial, industrial and business activities within Zone 1 of the Aquifer Protection Area using more than the deminimis quantity of regulated substances will be required to come into compliance with the ordinance within 12 months. Businesses within Zone 2 will be required to be in compliance with the ordinance within 24 months. Any business using, manufacturing, or storing regulated substances, in amounts greater than the deminimis quantity, will be required to have a permit under the terms of this proposed ordinance. The permit will require the business to show its ability to cleanup an unauthorized release (spill) and to provide secondary containment and monitoring systems for the storage of regulated substances. The permit would be renewed annually. This ordinance pertains to and stresses secondary containment and monitoring of regulated substances. Its intent is to promote common sense protective measures for the aquifer. AQUIFER PROTECTION ORDINANCE - EXEMPTIONS o Single-family residences (without a business license). o Fuel tanks attached to motor vehicles. o Sales of unopened containers of five (5) gallons or less. o Businesses that use five gallons or less of any one substance or twenty (20) gallons aggregate quantity. o Existing heating systems using fuel oil. ISSUES - Summarized on pages 4, 5 & 6. Detail provided on pages 6 thru 15 & Tables 1,2 & 3. I. Compatibility With Other Federal, State or Local Regulations: SARA - Superfund Amendment and Reauthorization Act CERCLA - The Comprehensive Environmental Response, Compensation and Liability Act. RCRA - Resource Conservation and Recovery Act Household Hazardous Waste Management Program. Small Quantity Generator Program. Metro Industrial Pretreatment Program. Renton Fire Code Article 79 and 80. Summary: Most regulations relate to waste products rather than materials to be used. They do not relate specifically to aquifer protective measures. The proposed ordinance is not duplicative of other regulations. II. Consistence With Protective Regulations For Water Resources By Other Municipalities. Summary: The proposed ordinance is similar in many aspects to aquifer protection regulations implemented by other municipalities. . III. Funding the Aquifer Protection Program. (Three Options) 1. Cost of Program - $80,000. 2. Funding Options Permit Fees: Estimated at $550. per permit. Combination Permit Fee and Water Rates: $100/permit + 2.2C per 100 cu.ft. Water Rates: 2.7C/100 cf. or on base meter fee (Table page 11). $0.48 per month on typical residential water bill. IV. Relocation (displacement)of Non-Conforming Businesses - Options: 1. No Relocation Clause ("grandfather" clause for only existing activities. Would not allow any expansion or increase in existing non-conforming activities nor any new non-conforming activities): 2. City Paying Relocation Costs: a. Full Relocation Benefits b. Partial Relocation Benefits (cap on payment). 3. No Relocation Assistance with a specific time allowed for non-conforming businesses to move. a. 10 year period for relocation applicable only to Zone 1. b. 5 year period for relocation. V. Requirement for New and Existing Development to Connect to Sanitary Sewers. Require new development to connect to a sanitary sewer and existing development within 330 feet of an existing sewer to connect to the sewer. . CONCLUSIONS: 1. There is a growing shortage of regional water supply and there are competing demands for water resources. 2. Alternative supply sources are being investigated, but today there is no reasonably available alternative source of water supply. Preservation of the City's supply is essential. 3. The Aquifer Protection Ordinance is one more step in the City's efforts to develop and preserve a viable water supply. 4. The aquifer protection ordinance will impact some businesses, but it is the least obtrusive and invasive way to monitor and control potential contaminants to the aquifer. 5. It is cheaper to protect our aquifer than develop an alternative water supply or to clean up a contaminated aquifer or to provide water treatment facilities. 6. Existing Federal, State and local regulations do not provide protective measures applicable to aquifers. They are, in most part, reactive to existing contamination incidents, provide public education , regulate flamable materials or the discharge of hazardous wastes. 7. The proposed aquifer protection ordinance is a comprehensive ordinance that is comparable to, and consistent with work done by other municipalities. 8. Non-conforming businesses will be afforded adequate time for relocation and the amortization of costs. 9. Eliminating septic tanks and preventing the construction of new septic tanks will reduce the pollutant loading to the aquifer. RECOMMENDATION: We recommend that the aquifer protection ordinance be passed and its provisions implemented, including: o Deminimis quantity of 5 gals. o 12 months for compliance in Zone 1 o 24 months for compliance in Zone 2 o That non-conforming businesses relocate out of Zone 1 within 10 years and there be no subsidy of relocation costs by the City. o That the program be funded through a water rate increase applied to the water meter charge. o That all development within 330 feet of a sewer be required to connect to the sewer. We respectfully request that this legislation be referred back to the Utility Committee for consideration of comments that may be made in the public hearing and for answers to any questions that may be raised tonight. CITY OF RENTON MEMORANDUM DATE: January 30, 1992 TO: Kathy Keolker-Wheeler, President Renton City Council Members VIA: Mayor Clymer FROM: Lynn Guttmann, Admi.' lel o Planning/Building/Pulr ork !e.artment STAFF CONTACT: Lys Hornsby, Water Quality Engineer SUBJECT: Issue Paper for Proposed Aquifer Protection Ordinance INTRODUCTION: The City's sole source of drinking water is supplied from a shallow aquifer under the City that is susceptible to contamination from surface sources. Results of numerous studies indicate the need for controls to minimize the potential for contamination of the aquifer and the aquifer recharge area. One part of the necessary protective measures is the adoption of an aquifer protection ordinance to control land use and hazardous substances in the aquifer area. BACKGROUND: The City has undertaken many projects to enhance protection of the shallow aquifer including: • the aquifer awareness program to educate the public • adoption of other ordinances such as the Underground Storage Tank Ordinance and the Hazardous Waste Treatment and Storage Facilities Ordinance • evaluating contaminant pathways • modeling the aquifer • installing monitoring wells • identifying contaminant sources • evaluating regulatory control options The City adopted the Aquifer Protection Area (APA) by resolution in 1988. The APA is defined as the portion of an aquifer within the zone capture and recharge area for a ftrell and is divided into two zones based on travel time. Zone 1, the most critical area, represents a one year travel time to the wells, while Zone 2 is the remainder of the APA. Exhibit 1 shows the APA. The proposed Aquifer Protection Ordinance is an additional and necessary step in Renton's aquifer protection program. Aquifer Protection Issue Pa*nr January 30, 1992 Page 2 WHAT IS THE PROPOSED AQUIFER PROTECTION ORDINANCE: The purpose of the proposed Aquifer Protection Ordinance is to protect City groundwater resources from contamination as a result of improper use of chemicals and other regulated substances. The proposed ordinance sets out rules and regulations relating to potential groundwater contamination that would guide and control land uses, development, and business activities in a designated area that has direct influence on the City's water supply aquifer. The City began development of the proposed ordinance in 1989. The proposed ordinance regulates business activity located within the Aquifer Protection Area (APA) that store, use, or produce regulated substances in quantities greater than five gallons. Regulated substances include flammable liquids, combustible liquids, hazardous materials and other substances that could degrade groundwater quality. The proposed ordinance operates on a permit basis. Any business using, storing or producing regulated substances will be required tohave an operating permit under the terms of the proposed ordinance. Businesses within Zone 1 of the APA must file for an operating permit within six months of the effective date of the proposed ordinance and must be in compliance with the terms of the proposed ordinance within twelve months. Businesses within Zone 2 of the APA are required to file for an application within one year of the effective date of the proposed ordinance and must be in compliance within two years. All permits will be renewed annually to provide for ongoing inspection and monitoring, to assure that businesses remain in compliance and to assist business owners in meeting proposed ordinance requirements. To obtain an operating permit, a business is required to provide the following: 1. A list of the regulated substances on site including name, quantity and location. 2. Secondary containment of regulated substances on site. 3. A regulated substances management plan which is basically a monitoring plan for the regulated substances on site. 4. A site map. 5. A groundwater monitoring plan (if monitoring wells are required). 6. Proof of security agreement. There are several exemptions from the permit requirements of the proposed ordinance, as follows: • 1. Single-Family residences(without a home business). 2. Fuel tanks attached to motor vehicles. 3. Sales of unopened containers of five gallons or less. 4. Businesses that use less than five gallons of any one substance or twenty gallon aggregate. 5. Existing heating systems using fuel oil Aquifer Protection Issue Po-- January :-January 30, 1992 Page 3 Other key provisions of the proposed ordinance include: 1. Removal of facilities in Zone 1 of the APA that can't comply with the deminimis use requirement within ten years. 2. Specifications for pipeline materials and testing standards. 3. Engineering plan review of new development proposals by a Water Utility Engineer using criteria such as prohibited and exempted uses, permit requirements, secondary containment and monitoring requirements, and stormwater and sewer requirements. 4. Prohibition of certain new facilities such as landfills, hazardous waste facilities, etc. in both Zones 1 and 2 of the APA. 5. Requirement for reporting and clean up of unauthorized releases of regulated substances. 6. Conditions for residential development such as requirements for connection to sanitary sewer if within 330 feet of a sewer line with capacity, prohibition on new use of heating oil, and requirements for storm water conveyance and treatment. 7. Construction standards withrespect to the use and handling of regulated substances. 8. Review and issuance of facility closure permits to ensure that property is clean when operations cease. 9. Violations and penalties for noncompliance. Aquifer Protection Issue Paner January 30, 1992 Page 4 SUMMARY: Proposed Requirements ZONE 1 ZONE 2 Residential Commercial Residential Commercial Obtain APA Permit No Yes No Yes (more than 5 gallons of regulated substances) . Motor Vehicles Exempt Exempt . Exempt Exempt Fuel Oil Heating Systems Exempt Exempt Exempt Exempt Compliance or Relocation No Yes No No within 10 years New development must Yes Yes Yes Yes Connect to Sanitary Sewer Infiltration/biofiltration of No No Yes Yes Storm water Pipeline specifications N/A Yes N/A No • Special Construction Yes Yes Yes Yes Activity Standards OUTSTANDING ISSUES: • During the preparation of the proposed ordinance and the ongoing public participation effort, the Water Utility has considered many alternatives and issues that are. covered by the proposed ordinance provisions. These issues include: funding, 'compatibility with other regulations, consistency with other jurisdiction's aquifer protection ordinances, and relocation clause options. The following is;a summary of these issues: I. ISSUE: Is Renton's proposed Aquifer Protection Ordinance compatible with other local, state or federal regulations for regulated substances? CONCLUSION: .Yes, the proposed Aquifer Protection Ordinance does not significantly overlap existing local, state, or federal regulations. , Aquifer Protection Issue Paper January 30, 1992 Page 5 II. ISSUE: Is Renton's proposed Aquifer Protection Ordinance consistent with other water resource protection regulations implemented in other regions? CONCLUSION: Yes, Renton's proposed Aquifer Protection Ordinance is a comprehensive ordinance that is comparable to, and consistent with, work done by other municipalities. III. ISSUE: Should the Proposed Aquifer Protection Ordinance be funded through permit fees from the regulated businesses or from water rates or from a combination of permit fee and water rates? Alternative 1: Ordinance implementation fully funded through operating permit fees. Alternative 2: Combination permit fee and an increase in water service rates. Alternative 3: Ordinance implementation fully funded through water service rates increases for all customers. RECOMMENDATION: Alternative 3, Ordinance implementation fully funded through water service rates for all customers. IV. ISSUE: Should non-conforming businesses be required to relocate out of the Aquifer Protection Area Zone 1 and, if so,what length of time should be granted for relocation. Should the City provide some form of relocation assistance? Alternative 1: No relocation clause. Alternative 2: Relocation clause with City paying relocation costs. • Alternative 3: Relocation clause with no relocation assistance. RECOMMENDATION: Alternative 3: Relocation clause (10 years)with no relocation assistance.. Aquifer Protection Issue P, January 30, 1992 Page 6 V. ISSUE: Should new and existing development be required to connect to central sanitary sewer? Alternative 1: No Connection Requirements. Alternative 2: Require New Development to connect to Sanitary Sewer. Alternative 3: Require New Development and Existing Development within 330 feet of an existing Gravity Sewer to Connection to Sewer. RECOMMENDATION: Alternative 3: Require new development and existing development within 330 feet of an existing gravity sewer to connect to sewer. These policy issues are reviewed in detail in the following narrative. I. ISSUE: Is Renton's Proposed Aquifer Protection Ordinance compatible with other local, state or federal regulations for regulated substances? Other federal, state and local regulations that govern the use, storage and quantity of substances include the Model Toxics Control Act (MTCA), Resource Conservation and Recovery Act (RCRA), Fire Code Articles 79 and 80, Household Hazardous Waste Management Program, Small Quantity Waste Generator Program, Metro Industrial Pretreatment Program, Superfund Amendment and Reauthorization Act (SARA), and Comprehensive Environmental Response Compensation and Liability Act(CERCLA). It is not the intent of the proposed Aquifer Protection Ordinance to repeat existing regulations and impose costs on system users if existing regulations would provide the necessary service or protective measures: It should be noted that other governmental agencies throughout the United States have implemented aquifer protection laws because existing regulations are inadequate and deficient in providing specific aquifer protection measures. The Water Utility has reviewed these regulations to determine if the proposed Aquifer Protection Ordinance overlaps any of these regulations. 1. The Superfund Amendment and Reauthorization Act(SARA), administered by the Environmental Protection Agency, does not provide protective measures applicable to the City's aquifer, but provides for emergency planning and community awareness. It does require businesses to report on their use of extremely hazardous substances. 2. The Comprehensive Environmental Response Compensation and Liability Act(CERCLA), administered by the Environmental Protection Agency, is a set of regulations intended for the cleanup and control of released hazardous substances. It does not control the use, storage, or application of controlled substances. Aquifer Protection Issue Paper January 30, 1992 Page 7 • 3. The Resource Recovery and Recovery Act(RCRA), administered by the State Department of Ecology, is intended to control and regulate the generation and storage of hazardous wastes. 4. Household Hazardous Waste Management Program, administered by the Seattle-King County Health Department, is a joint Suburban Cities/Seattle/King County program for residential hazardous waste education and provides collection of residential hazardous wastes from residents. • 5. Small Quantity Generator Program is similar to the Household Hazardous Waste Management Program, but applicable to small businesses. 6. Metro Industrial Pretreatment Program, administered by Metro, regulates the discharge of contaminants and heavy metals into the sanitary sewer system. 7. Fire Code Article 79 and 80 administered by the Renton Fire Department, provides for the storage and dispensing of flammable liquids and hazardous materials. The above listed regulations have been reviewed and each are summarized in Table 1 with respect to its relationship to the proposed Aquifer Protection Ordinance. The administration of the other regulations by ,EPA, Department of Ecology and Health Department are not geared to the monitoring and control of regulated substances for early warning of a contamination incident, but are reactive rather than preventive. The administration of other regulations by these agencies does not provide early on-site monitoring. Most of the other regulations stress education, emergency planning, and waste disposal and cleanup. Most do not limit the types and/or quantities of regulated substances allowed in certain areas of the City or require that businesses monitor substances used in manufacturing or other processes. There are many other chemicals in smaller quantities that are dangerous to groundwater that are not included in other regulations. The Fire Code Article 79 specifies requirements for storage, use, dispensing, mixing and handling of flammable and combustible liquids. The Fire Code Article 80 deals with prevention, control and mitigation of dangerous conditions related to the storage, dispensing, use, and handling of hazardous materials and information needed by emergency response personnel. The Water Utility and the Fire Department intend to share information about facilities and coordinate efforts on those facilities that are regulated by both the Fire Code and the Aquifer Protection Ordinance. The proposed Aquifer Protection Ordinance provides controls on use of substances that are not covered in other existing regulations. The stress of the proposed Aquifer Protection Ordinance is to minimize the risk of contamination of groundwater by secondary containment of substances, monitoring and removing large quantities of(controlled) substances.out of critical areas. No other existing regulation has a similar purpose. Conclusion: , The Water Utility has determined that the proposed Aquifer Protection Ordinance does not overlap significantly with existing regulations and recommends that the proposed ordinance is a necessary part of Renton's Aquifer Protection Program. Aquifer Protection Issue P r January 30, 1992 Page 8 II. ISSUE: Is Renton's Proposed Aquifer Protection Ordinance consistent with other water resource protection regulations implemented in other regions? The Water Utility has kept up to date with the progress of other aquifer protection ordinances for numerous municipalities and counties. We have reviewed seven other ordinances and compared them to Renton's proposed ordinance to determine whether Renton's proposed ordinance is comparable with provisions that have been implemented by others. A comparison of the proposed Renton ordinance to regulatory provisions passed by other municipalities is shown in Table 3. Other Ordinances: • The seven other ordinances that were reviewed are summarized on the attached Tables 2 and 3. The review includes 3 ordinances from Washington State (Tacoma, Thurston County and Spokane). After reviewing these ordinances, there were a few items of interest such as: 1. Renton's Aquifer Protection Area was by far the smallest area requiring protection, thus the most vulnerable. Larger aquifers are less susceptible to having a significant percentage of the water supply contaminated by a spill. - 2. Most ordinances included some prohibited uses within the protection area. 3. Five of the 7 other municipalities used a deminimis quantity in their ordinances. The deminimis quantities listed included 5 gallons, 20 gallons, 220 pounds and specific quantities as determined by the agency or another regulation. 4. All 7 municipalities regulated a very comprehensive list of substances with the ability to add more substances if they are thought to be dangerous to groundwater. Four municipalities used another regulation to define the regulated substances and 3 used lists generated by their own departments. 5. The most common enforcement authority for the ordinances was the health department or other agency concerned about water quality. 6. Ordinance implementation was funded through fees, either aquifer permit fees or project review, sewer applications, or building permits. 7. Only 1 of the 7 other ordinances included a relocation clause. The other ordinances reduced risks to the aquifer without a relocation clause by a) designating aquifer protection areas that are largely undeveloped, and b) prohibiting increases in uses, density, or activities that are harmful to the aquifer within designated areas. Conclusion: The City of Renton's proposed ordinance includes many of the basic provisions from other ordinances and is very similar in content to the other adopted ordinances. Renton's proposed ordinance is one of two ordinances to include a relocation clause (the other is Palm Beach County) because of the sensitivity of our aquifer. Overall, Renton's proposed Aquifer Protection Ordinance is a comprehensive ordinance that is comparable to, and consistent with, work done by other municipalities. Aquifer Protection Issue Paper January 30, 1992 Page 9 III. ISSUE: Should the Proposed Aquifer Protection Ordinance be funded through permit fees from the regulated businesses or from water rates or from a combination of permit fee and water rates? The proposed ordinance will be administered and implemented by the Water Utility. The Water Utility. will be ;responsible for processing and reviewing permit applications and renewals, inspecting facilities and writing reports, reviewing proposed facilities, determining violations, and supporting enforcement proceedings. It is estimated that to accomplish this program, the Water Utility will require one full-time engineer, one halftime clerical position, office space for the 'new positions, one computer, and access to a City vehicle for inspections. The estimated annual budget for the program is presented in Table 4 in the'appendix. • The program is estimated to cost $80,000 annually based on 150 permits and is summarized below: Activity Total Hours Total Cost Process/Review Permits 1,070 $20,500 Inspect Sites/ Write Reports 920 $19,300 Answer Questions (phone/letter) 332 $ 6,460 • Enforcement Proceedings 650 $18,510 Review of Proposed Projects 500 $10,720 Overhead ' 2 Computers $ 913 Misc Supplies $ 1,000 Annual Car Payment $ 3,044 Total 3,472 $80,447 • (Assumptions used to estimate hours and costs are shown in Table 4.) Aquifer Protection Issue Paner January 30, 1992 Page 10 • • • Funding Alternative 1: Ordinance Implementation Fully Funded Through Operating Permit Fees Estimated number of permits= 150 (Zones 1 and 2) Approximately$536.00 per permit(renewed annually) • Funding Alternative 2: Ordinance Implementation Funded through a Combination Permit Fee and an.Increase in Water Service Rates A $100 permit fee was selected as a nominal amount to cover administrative costs to process a permit. of Program Costs Permit Revenue: 150 permits @ $100 = $15,000 19% Rate Revenue Required: = $65,000 81% Total $80,000 100% 2a. Permit Fee Plus Water Rate Increase: $0.022 per 100 cu. ft. (Commodity charge on all users). Current commodity charge is $L46 per 100 cu. ft.; therefore, the new charge would be $1.48 per 100 cu. ft. OR 2b. Permit Fee Plus Fixed Fee on every Meter: Meter Size, No. of 1992 Aquifer Total Monthly Accounts Monthly Fee Protection Meter Fee Increase 3/4" 9953 $ 7.20 $ 0.39 $ 7.59 1" 572 $ 8.64 $ 0.47 $ 9.11 1 1/2" 694 $ 10.64 $ 0.58 $ 11.22 2" 454 $ 16.62 $ 0.90 $ 17.52 3" 76 $ 55.62 $ 3.01 $ 62.84 4" 39 $.70.30 $ 3.69 $ 74.10 6" 5 $104.48 $ 5.66 $110.13 8" 4 $143.60 $' 7.78 $151.36 12" 1 $285.40 $15.46 $300.83 Aquifer Protection Issue P---r January 30, 1992 Page 11 • • Funding Alternative 3: Ordinance Implementation Fully Funded Through Water Service Rate Increases for all Customers. 3a. Revenue based on consumption: = $0.027 per 100 cu. ft. Current commodity change is $1.46 per 100 cu. ft.; therefore, the new charge would be $1.49 per 100 cu. ft.; OR 3b. As a Fixed fee on every meter: Meter Size No. of 1992 Aquifer Proposed Total Accounts Monthly Fee Protection Monthly Fee Increase 3/4" 9953 $ 7.20 $ 0.48 $ 7.68 1" 572 $ 8.64 $ 0.58 $ 9.21 1 1/2" 694 $ 10.64 $ 0.71 $ 11.35 2" 454 $ 16.62 $ 1.11 $ 17.73 3" 76 $ 55.62 $ 3.71 $ 63.59 4" 39 $ 70.30 $ 4.69 $ 74.98 6" 5 $104.48 $ 6.98 $111.43 8" 4 $143.60 $ 9.59 $153.16 12" 1 $285.40 $19.06 $304.39 Based on these alternatives, the following table summarizes sample monthly water bills for a typical residence and a typical business. SAMPLE MONTHLY WATER BILLS FOR TYPICAL RESIDENCE AND BUSINESS Sample Monthly Sample Monthly FUNDING 3/4"Meter 1 1/2"Meter ALTERNATIVES Water Bill Water Bill* Alternative 1: Permit Fee $18.15 $53.23 + $536 Annual Permit•Fee Alternative 2a: Permit& $18.32 $53.87 + $100 Annual Permit Fee Commodity Charge Alternative 2b: Permit& $18.54 $53.81 + $100 Annual Permit Fee Meter Charge Alternative 3a: $18.35 $54.02 Commodity Charge Alternative 3b: Meter $18.63 $53.94 Charge *Assumed to be a Zone 1 or Zone 2 business handling regulated materials, with an annual consumption of 35,000 cubic feet. Note: All single family residential customers are 3/4" meters. Of commercial customers, 36% are 3/4"meters and 25% are 1 1/2" meters. Aquifer Protection Issue Paner January 30, 1992 Page 12 • Recommendation: The Water Utility is recommending funding for the proposed ordinance by using service rates as shown in Funding Alternative 3b, that is: funding the ordinance's implementation through water service rate increases using a fee on every meter. Protecting the water supply is in the interest of all water users and the proposed Aquifer Protection Ordinance provides protective provisions as well as specific requirements for certain land uses. Funding Alternative 3b provides a balance between those businesses or land uses that create the need for, and directly pay for, monitoring and control, and all residents and businesses that benefit from protection of the water supply. IV. ISSUE: Should non-conforming businesses be required to relocate out of the Aquifer Protection Area Zone 1 and, if so,what length of time should be granted for relocation? Should the City provide some form of relocation assistance? Note: a non-conforming business is a business that must use more than the threshold quantity of regulated substances (5 gallons)to operate. As evidenced by regulatory measures initiated by other municipalities, one way the City can help assure that the water supply is protected is to reduce the quantity and types of hazardous substances that are handled over the vulnerable aquifer recharge area. Allowing certain types of businesses to operate as usual, "grandfathering in", will not minimize the potential contamination risk from the operation of these businesses. Eventual removal of non-conforming businesses to reduce the risk of contamination of the aquifer from businesses operating in the critical Zone 1 of the Aquifer Protection Area is only one choice, the City has several options as follows: • • Alternative 1. No Relocation Clause-Prohibit any new non-conforming businesses in the aquifer protection area. Allow existing non-conforming businesses to remain and require businesses to provide secondary containment and monitoring of regulated substances. Existing businesses would not be allowed to expand either their operation or use of regulated substances. This option reduces the risk of"routine" operational spills and also reduces some of the risk of accidental spills but the risk of a contamination incident is always higher as long as the non-conforming business is operating over the aquifer. There would be minimal economic impact on the business and the City, except in the instance a non-conforming business caused a contamination incident. Estimated Cost: This alternative has no extra-ordinary costs to the City. Allowing businesses to remain in operation directly over the aquifer has inherent risk to it that could lead to a contamination incident requiring up to millions of dollars for cleanup, emergency services and public notification. The worst case risk would be loss of the use of the aquifer because cleanup costs were prohibitive or cleanup was physically impossible. Aquifer Protection Issue Paper January 30, 1992 Page 13 • Alternative 2. Relocation Clause with City Paying Relocation Costs- 2a. The City could decide to set a specific compliance date in the proposed ordinance with a provision to pay relocation costs to businesses impacted. Relocation costs have been defined in the Uniform Relocation Assistance Act but can vary widely ' depending on the type of business. This option reduces the risk to the aquifer but has higher economic impacts to the City and utility rates. Estimated Cost: There are approximately 40 potential businesses of varying size that may have to move given the present wording of the proposed ordinance. Assuming that all of the 20 moderate to high risk businesses relocate and that the average relocation costs are $50,000 per business, then the estimated costs of relocation to the City would be $1,000,000. The intent of providing relocation is to accelerate the removal of non-conforming businesses from the area. If the relocation clause for this Alternative is set at three (3)years, then the annual cost over three (3)years is approximately $350,000. 2b. The City could decide to set a specific compliance date with a provision to pay some of the relocation costs to impacted businesses. This alternative reduces the risk to the aquifer from contamination but results in economic impacts to the City. Partial relocation expense coverage reduces the City's economic responsibility from Alternative 2, and increases the financial impact to the relocating business. Estimated Cost: Assuming that only the 11 high risk businesses use this offer, the total estimated cost would be $275,000 (maximum $25,000 per business). If the relocation clause for this option is set at five (5)years, then the annual cost over five(5)years would be $55,000. • Alternative 3. Relocation Clause With No Relocation Assistance- 3a. This option is the current choice in the proposed ordinance. The relocation clause is set at ten(10)years. This alternative reduces the risk to the aquifer and also limits the economic requirements of the City. Estimated Cost: This alternative would result in no extra-ordinary costs to the City. There would be less risk of a contamination incident and costs associated with cleanup than Alternative 1, but greater risk than Alternative 2. 3b. Setting the relocation clause for a shorter time frame of perhaps 5 years is another option. This alternative reduces the risk to the aquifer and limits the economic requirements of the City, but minimizes businesses' ability to amortize investment costs related-to containment and monitoring requirements. Estimated Cost: This alternative would result in no extra-ordinary costs to the City. There would be less risk of a contamination incident and costs associated , with cleanup than Alternative 1, but greater risk than Alternative 2. Aquifer Protection Issue Paper January 30, 1992 Page 14 The basic options include no relocation clause, a relocation clause with assistance, and a relocation clause without assistance. In each case, the affected businesses must comply with all permitting and containment provisions of the proposed ordinance and eventually relocate. The length of the relocation clause is variable. If the Council decides that moving businesses out of the critical Zone 1 area is the best way to reduce the risks to our water supply, then the length of the relocation clause should be selected to both allow businesses to physically complete the move and also allow the City to move the businesses quickly so as to gain the most from the decision. Alternatives 2 and 3 should have some specified time for relocation. In Alternative 2, where the City will pay relocation costs, the relocation time frame should be fairly short, for example 3 years. This will allow the City to get the most risk reduction for its money and allow businesses some amortization benefit. Where the City will pay only partial relocation costs, we recommend a longer relocation time frame to allow businesses a greater opportunity for amortization of investments. In Alternative 3, where the City pays no relocation costs, the relocation time frame has been proposed as 5 or 10 years to allow businesses some amortization of their investment costs related to containment and monitoring requirements, while ultimately reducing the quantity of regulated substances in the Zone 1 area. Recommendation: The Water Utility recommends Alternative 3a, a relocation clause of 10 years for moderate and high risk businesses in Zone 1 with no economic assistance from the City. Ten years was selected as a length of time that allows a business to prepare for a move and amortize controlled substance containment and monitoring improvements made to their facilities. Businesses would have sufficient notice and be able to amortize their investments, thus the City should not be responsible to reimburse business relocation costs. V. ISSUE: Should New and/or Existing Development be required to connect to Central Sanitary Sewer? Septic tanks have been shown to contribute to ground water pollution. By connecting households with septic tanks to sanitary sewer, the City can significantly reduce the pollutant loading to the aquifer. The Water Utility has estimated that there are approximately 550 residences(30 in Zone 1, 520 in Zone 2) within 330 feet of an existing gravity sewer. In addition, there are undeveloped parcels of land that would require connection to the sanitary sewer, when the parcels are developed. Aquifer Protection Issue P. r January 30, 1992 Page 15 • Alternative 1. No Connection Requirements- Allowing new development and existing development to continue using septic tanks will increase the pollutant loading to the aquifer and increase the risk of contaminating the drinking water supply. • Alternative 2. Require New Development to connect to Sanitary Sewer- This alternative limits the pollutant loading to the aquifer, however, existing septic tanks will continue to operate. Older septic systems are more likely to contribute larger quantities of pollutants to groundwater than newer systems and some of these septic systems were installed as "temporary" improvements pending the development of the City's sewer system. Their useful functional life is probably quite limited. • Alternative 3. Require New Development and Existing Development within 330 feet of an existing Gravity Sewer to Connection to Sewer- By methodically reducing the number of septic tanks contributing pollutants to the groundwater, the City reduces the risk of contamination's to the aquifer. By requiring both new and existing development(within 330 feet)to connect to sewers, the City takes a big step to reducing the pollutant contribution to the aquifer. Recommendation: The Water Utility recommends Alternative 3, require new and existing development to connect to sanitary sewer. This alternative reduces the risk to the aquifer by the greatest amount. OTHER CONCERNS ABOUT THE PROPOSED ORDINANCE: Enforcement and Implementation - Concerns have been expressed regarding the City's legal authority to implement the proposed ordinance, interpretation of the proposed ordinance, and the City's ability to enforce the proposed ordinance. The City attorney feels that the City has the legal authority to implement this public health, safety and welfare legislation, and that the provisions of the proposed ordinance do not constitute a "taking"of property rights. The proposed ordinance as currently written places emphasis on water quality concerns; solutions to containment problems that protect water quality; and water quality monitoring. The enforcement and implementation of these water quality programs should be in the Water Utility. The Water Utility is requesting the authority to hire an additional staff person to implement the program. Reduced Tax Base - Some people believe the relocation clause and other provisions of the proposed ordinance would cause some businesses to relocate outside the City, resulting in loss of revenue. Some businesses may choose to relocate and could be accommodated within the City, but outside of Zone 1 and 2. Those that locate outside of the City will probably be replaced with businesses that meet the proposed ordinance requirements. Loss of tax base, if it occurred would probably only be temporary. Most importantly, the relocation of business activity that poses a significant risk is to the aquifer is a long-term investment in keeping the City's water supply clean. Aquifer Protection Issue Pane* January 30, 1992 Page 16 Threshold (Deminimis) Quantity - Business owners have questioned the deminimis amount of five gallons or twenty-five pounds of any one substance (and twenty gallons or 100 pounds aggregate). One way of reducing the risk of contaminating the aquifer is to reduce the amount of regulated substances handled over the aquifer. Allowing large quantities of substances to be used, or stored, over the aquifer will result in a greater continued risk to the aquifer. Five gallons was selected to allow small businesses and low risk commercial facilities to operate without regulation. Where regulated substances are dissolved in or mixed with other non-regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the proposed ordinance. Specifying a deminimis quantity is consistent with other protection ordinances. Five of the seven available ordinances included deminimis quantities in the provisions and three used five gallons or less as the limit. Table 5 summarizes the generic regulated substances list that can be used as a guide to determine which substances are regulated. Exclusion of Single Family Residences-Concerns have been expressed that single family residences have the potential to introduce large quantities of hazardous substances into the environment. But, single-family residential land use is excluded from the proposed ordinance. Single family residences are only exempt from the permit requirements of the proposed ordinance. They are still subject to spill reporting, wastewater and stormwater requirements, application of fertilizers, pesticides, herbicides and fungicides, and construction standards. Also, the City has been conducting an extensive aquifer awareness education program for City residents and Renton School District students to increase awareness and participation in the City's Aquifer Protection Program. The Water Utility is pursuing projects to remove home heating oil tanks in cooperation with natural gas companies, and educating residents on alternative products and proper waste disposal. The proposed ordinance stresses reduction of hazardous substances in the critical Zone 1 of the Aquifer Protection Area. The Zone 1 area is largely commercial with few single family residences. Therefore, the proposed ordinance stresses compliance by businesses and reduction in quantity of regulated substances used by businesses to protect the critical area adjacent to the wellfield. PUBLIC PROCESS The Water Utility has presented the proposed ordinance for comment to the following groups: Renton Chamber of Commerce Renton Planning Commission Aquifer Action Committee City Council Utilities Committee Mayor's Staff Meeting Intra-Departmental Design Team Focus Group of Businesses (presentations were offered to the Master Builders Association and Local Developers) In addition, two mass mailings were conducted to distribute the proposed ordinance to businesses in the APA which requested their review and comment. Aquifer Protection Issue Paper January 30, 1992 Page 17 RECOMMENDATION The Water Utility recommends that the City Council adopt the proposed Aquifer Protection Ordinance. As part of the Growth Management Act, the City must prepare protective ordinances for all critical areas within the City's sphere of influence. The proposed Aquifer Protection Ordinance is one of the critical areas ordinances that must be submitted to the State by March 1, 1992. ' 92-011/LLH/bh • EXHIBIT 1 . , AN t _..--------- __-_- - istis I OW 4 1 BELLEVIJE .11 .:z30 • ---- :::::f :---:-I---------- ________ ‘.1.- ISSAQU H., AQUIFER PROTECTION , Tizat mt: MERCER ISLAND atierj., 1...a I __Ezmia-I-EK5--zepir ,, • IV .4. BOREN 1--Ixtv. gam, mag C'‘) • a e , , on - --------- -----------------_------_-_-__________ _ _. ___ . .p ift1P0b4 f. ,".. • e, .. • Cr / '.?..:..5::: IWA.:::i:E4 APA Zone 1 -----,-.: ..-,-Ifms3.sm,,m:2:i:5•,,::x_a;.-3::,-.4.-it,:s.ai_i0K:,..,\I____ .0"kii ... 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MAPLE vALLEy RD ( '11 144 , [ /I rii , A ip ......_ . .. . • . , . i., • 11 SC p4..40 ,s41. 4,0 LAKE DESIRE SPRING LAKE ______ fil lii Er' \.e.ni 4,___ ____N \______, , •, - ., 0 6000 12000 z 1 '• r.,,L3 C3EHADY LAKE MEM":i:i*:i•':':: :::::::::.MMIMMIMMINI o AWi. 1 w cr iirkeic, 172000 . .1 . -,,miwz-zz,,,,....... , / KENT § AMEIIR LAKE 444444444i•MaCiita 1- . -zi---------;.--:--------- UTILITY SYSTEMS .2 • ,.,y .;.„,,...., _____:— _ ) ____, __________ __ ________ _________ _.. .„_ .:...„.....„.„_..: ______..:._ • „,--- -r-----"---- .0.3r-'- Lea ro --:-:-:-.7-- uNcs 2P8/BlanPiru.aryTech1n919c2a1 Services Robert T. Mao Oat% ir. i • ---t-----: r , . . . Source: R1f2 Engineers 1/21/92 EXHIBIT 1 _____------ `_ ( N LAy.� BOREN �� TY OF H k.' TON - - .:.:=A-_4r coPROTECT- IN AREAS ____ .___ ___ :_:_:_ : eek• ��,� N • . -0 . „:7 .. i i--_--% --'-iiiiiiiii:..1:::-?:g-i-: :.iii...iiiiiIiiia:. ----..i.i..i:i:i:;:i:::iiii:::!:it ,...,_:_:_:_:_.,_:_:_:_,_,::__, .,......,,:k„,:, :: APA ''-'••••• ' -.- --- 4*41,114ksss , , 'Eil:Raf...f....r, . ............,....,..:.„...••.. .•. • ....,.1...-.....!,..,:i,..11.,-....,....1.1.1.1.1.:.1.1.:.,..,:::::IE Ill:. _ -_-_-_,_-_:_,_:-____________v :,.-E•':•• •..i..i•-i-•i-E.E.E.-E. '..E.,-ity::i:ti:E:i:i:E:i:i:i:;: :i:s:F::i:i::--_-_:.4V r- 11!tii . •.••• • 1 ••"" . ...... ......................... ,.„ .,..,. ::,..,:,:,:irmi..i:= .1.....111.1.1:.::ii.illi1111 .. 1111111 _ . tio_II..........................�iii______,,ri..A �> ... ........ CEMETERY RD f�f as�S c. o r.• s s° o ' s• .m %f as •e > O f � f ,: df 1 9 s tirlifeiti< S w+ S e > F✓ � S c- v> ec e ac•% c. b' c F• oo f ✓ F C O � f`f:•.Y r. 0 . S a F. 4 o.. ..r'> ,v. c�� F.'O.. ovoa.. ,s' '1,14:-;.<4."s•Oaoo A.dr.� .>zo°wa�.aa¢oa's�:o+.• _s ✓ >� ZONE 1 "F6� .�i�r . f e Irlf:* o: ::•:'>.s`'�s`ov�.fe��+�.';;•`✓,"5c'.`•os`,0,>sssrs> ;6 .: . APA ZONE 2 :: - I :iligiggillig:iNiAlr.ilii:.iiiliniiiiiVE...iri i: 1 %.‘.:--2:4q....;1_11.:::...,.....!.....::...1....!:;:::-:,.:1:::i.f,::::7141 .,_.. .4_.1. • kL ' ES1S EMS . , 0P/J/PW Techni al Services 0 0 0 6000 27 January 19 ...Ciii_ 1 Bert T. Mac I m e. Jr. • • 1 1 : 6,000 A TABLE 1 SUMMARY OF OTHER LOCAL, STATE AND FEDERAL REGULATIONS ISSUE SARA CERCLA RCRA Do Regulations Protect No-SARA requires only for No,,covers cleanup after No, only covers wastes, not aquifers? emergency planning and release has occurred. chemicals stored or used in community awareness. No processes. If not, why. protective measures such as containment and monitoring. Also, we are concerned with many other substances. Quantity Reg. Specific list of approximately Releases of hazardous Greater than 220 lb/mo. or 250 chemicals with threshold substances, contamination batch limits. incidents. Business Impacted Any business handling - Abandoned/closed sites, or Business must notify DOE that "extremely hazardous combination involving many it is a generator. Permit substances"must report to parties requiring clean-up. required for storage sites or local authorities. treatment facilities. Program Emphasis Businesses that handle Regulations to clean up and Regulates hazardous wastes as "extremely hazardous control releases that have defined in WAC. Requirements substances"must notify the occurred in past or sites that for keeping records, storage of local Fire Dept., the EPA and have been abandoned. wastes and transport. the local emergency planning committee(King County). If • they exceed the threshold quantity they must provide additional info and risk assessment. , Regulatory Agency Local emergency planning Environmental Protection Department of Ecology committee(King County). Agency Contact: Gary Gordon, Boeing Gary Gordon, Boeing Robin Harrover, DOE 393-3532 . 393-3532 649-7232 TABLE 1 SUMMARY OF OTHER LOCAL, STATE AND FEDERAL REGULATIONS(Continued) ISSUE HOUSEHOLD HAZARDOUS WASTE SMALL QUANTITY MGMT WASTE GENERATOR Do Regulations Protect No-primarily education and collection No-Stresses proper disposal not containment, and monitoring aquifers? program for residences. No regulatory control If not, why. Quantity Reg. Any household hazardous waste Less than 220 lbs/mo hazardous substance and less then 2.2 lbs extremely hazardous as defined in WAC 173-303. Business Impacted None Any small business using hazardous wastes. Required to properly dispose of wastes. Program Emphasis Education of public on proper disposal Education, audits and surveys, and collection of hazardous and opportunity to participate in waste from m small businesses not regulated by SARA. collection/disposal Regulatory Agency 5 implementing agencies- 5 implementing agencies- King Co. Solid Waste Div. King Co. Solid Waste Div. Seattle Solid Waste Utility Seattle Solid Waste Utility Seattle/King Co. Health Dept. Seattle/King Co. Health Dept. Metro Suburban Cities Association Metro Suburban Cities Association Contact: Todd Yerkes, King Co. Todd Yerkes, King Co. 296-3988 296-3988 TABLE 1 SUMMARY OF OTHER LOCAL, STATE AND FEDERAL REGULATIONS(Continued) ISSUE METRO INDUSTRIAL PRETREATMENT FIRE CODE ART 80 Do Regulations Protect No, only regulates discharges to the Some. Art 79/80 Cover flammable fossil based aquifers? Metro Sanitary Sewer. (Non-residential substances, hazardous materials. Doesn't cover discharges). No containment, other substances harmful to environment, water. If not, why. monitoring or storage requirements. Quantity Reg. Permit required for greater than 25,000 List of quantities for substances. gal./day. Regulates discharge limits on other substances. Business Impacted All non-residential activities that Anyone with fossil based fuels, hazardous materials. discharges wastes for Metro Sewer. Must provide proper installation and dispensing. Program Emphasis Regulates limits of substances Provide safe storage, installation and dispensing of discharged to the sewer. Permit flammable liquids and hazardous materials (non inert required for industries discharging substances) Done by permitting and inspection. greater than 25,000 gal./day or subject Protects public against physical hazard of these to federal categorical standards. substances. Regulatory Agency Metro(DOE regulates Metro) local Fire departments Contact: Elsie Hulsizer, Metro Gary Gotti, Renton Fire Dept. 684-2364 277-2528 TABLE 2 -SUMMARY OF AQUIFER PROTECTION ORDINANCES RENTON, WASHINGTON PALM BEACH COUNTY, PANHANDLE HEALTH FLORIDA DISTRICT, IDAHO DESIGNATED 4,235 acres 64,000 acres 181,120 acres AREA SIZE DEMINIMIS 5 gallons 5 gallons None noted QUANTITY REGULATED Flammable, combustible and CERCLA and any that may SARA and any material that has SUBSTANCE Hazardous materials/waste cause harm to health or the an MSDS under OSHA. defined in WAC, CWA, environment. CERCLA, and others that may degrade groundwater quality. IMPACT ON Relocate outsize Zone 1 within Relocate outside Zone 1 within Obtain permit. Provide BUSINESSES 10 years. Provide secondary one year. Obtain permit, secondary containment. containment and monitoring provide secondary permit. No relocation containment and monitoring, expenses or other bond required. Relocation compensation provided. expenses and other losses Security agreement required. compensated. some uses Some uses prohibited. prohibited. FEE $100 permit fee plus charge on Filing Fee $25, perniit Fee of No fee now. Will implement all water services. $25 per 1000 ft of occupied fee when grant $ spent. Approximate annual budget space. Annual renewal fee 1/2 Federally funded through $80,000. permit fee. Approximate wellhead protection grant. annual budget of$360,000. Estimate $40,000 per year operating budget(not including all staff time). EXEMPTIONS Single Family, motor vehicles, Emergency use, utilities, None noted emergency use, sales of transport of materials, motor unopened containers less than vehicles, sales activities, office five gallons. uses. ENFORCEMENT Water Utility Department of Environmental District Board of Health AGENCY Resources Management TABLE 2-SUMMARY OF AQUIFER PROTECTION ORDINANCES (continued) THURSTON COUNTY, DAYTON, OHIO LITTLETON, MA WASHINGTON DESIGNATED 10,880 acres 8,580 acres Unknown • AREA SIZE DEMINIMIS Quantities designated by 20 gallons 5 gallons QUANTITY Environmental Health Division as a risk to groundwater quality REGULATED WAC or as specified by SARA and as defined under Toxic or hazardous materials as SUBSTANCE Environmental Health Division. OSHA as a health hazard. determined by the Division of Hazardous Waste. IMPACT ON No permit, uses reviewed on No permit, users reviewed case Obtain permit. Proposed use BUSINESSES case by case basis. Some by case. No increase in must be evaluated by qualified development Standards. Some intensity allowed. engineer. Some uses uses prohibited. prohibited. FEE Annual budget - $40,000. One time expenditure of$1.3 Unknown Fees collected through project million, annual budget of review fees and sewer approximately 3. 4 million, applications. reserve for emerg. cleanup of $5 million. • EXEMPTIONS None listed One year supply of agricultural Heating oil, agricultural and chemicals, public water supply horticultural operations. chemicals, Personal household use of cleaners. ENFORCEMENT Thurston County Health Dept. Office of Environmental Board of Selectmen AGENCY Protection and Health Districts TABLE 2-SUMMARY OF AQUIFER PROTECTION ORDINANCES(continued) TACOMA,WASHINGTON SPOKANE, WASHINGTON DESIGNATED 8,000 acres 78,720 acres AREA SIZE DEMINIMIS Small quantities for personal None QUANTITY use and use of less than 220 lbs/month REGULATED Any substance that poses A list of substances developed SUBSTANCE potential threat to human by the Health Department health or water quality. IMPACT ON Obtain permit. Uses reviewed Review on case by case basis. BUSINESSES on case by case basis. some uses prohibited. FEE Approximate budget $70,000 Funded through other permit totally financed through fees (building, etc.) required permits. Permit fees range for review process. from $500 to $715 per year. EXEMPTIONS Farm/residential tanks, pipeline None listed facilities, sanitary landfills in compliance with WAC, sales activities, fertilizer/pesticide applications. ENFORCEMENT Health Department Spokane County Board of AGENCY Commissioners. TABLE 3-DETAILS OF AQUIFER PROTECTION ORDINANCES FROM OTHER JURISDICTIONS PANHANDLE HEALTH DisTlucr, IDAHO Contact: Dick Martindale, Senior Environmental Health Specialist, Panhandle Health District, Coeurd' Alene, Idaho, 208-667-3481 Designated Area: Rathdrum Prairie Aquifer, Kootenai Co. Area Size: 181,120 acres(283 sq. mi.) Jurisdiction: 8 cities and 1 county Regulated Substances: Liquids and water soluble solids under SARA and any material under OSHA standards that has a MSDS Deminimis Quantity: None Permits: List type, quantity of materials;. building plans and site development; secondary containment; proof of contact with other regulatory agencies; fee Exemptions: None specifically noted Relocation Clause: None Compensation: None Review Proposed Facilities: Yes, under permit issuance Prohibited Use: None specifically noted. Design Standards: Some for drainfields and septic tanks Reporting requirements: any spilling or leaking into secondary containment Violations Section: Yes • Variance/Appeal Procedure: Yes, to the Panhandle Health District Hearing Officer Enforcement: By the District Board of Health Special Provisions: None Budget/fees: No permit fee now but intend to have a fee in the future when federal funding runs out. Estimate a yearly budget now of approximately $40,000 (not including all staff time). Majority funded through wellhead protection grant. Notes: Major stress of this ordinance is the requirement for secondary containment of substances. TABLE 3 -DETAILS OF AQUIFER PROTECTION ORDINANCES FROM OTHER JURISDICTIONS (Continued) THURSTON COUNTY,WASHINGTON Contact: Greg Grunenfelder, Director of Environmental Health, Thurston Co. Health Department, Olympia, WA. 786-5456 Designated Area: McAllister Geologically Sensitive Area District Area Size: 10880 acres(17 sq. mi.) Jurisdiction: County Regulated Substances: Defined in WAC 173-303-040 or as specified by Environmental Health Division Deminimis Quantity: None specified. quantities are identified by the Environmental Health Division as a risk to ground water quality. Permits: None Exemptions: None Relocation Clause: None Compensation: None Review of Proposed Facilities: Yes Prohibited Uses: Septic tanks for commercial/industrial; home based industries; special uses that use..handle etc. regulated substances. Design Standards: multi-family with site plan review and sewer connection; maximum of lunit/5acres on septic tank; Maximum of 2 units/acre on sewer with approved stormwater facilities; standards for lot size, yard size, impervious cover and open space; development within 200 ft of sanitary sewer shall connect; septic systems must be pressure distribution system. Reporting Requirements: None Violations Section: None Variance/Appeal Procedure: None Enforcement: Health Department Special Provisions: None Budget/fees: Funding is spread between various agencies, City and County. Annual budget of approximately $40,000. Fees are collected for project review and sanitary sewer/septic applications. Notes: This ordinance• basically prohibits any use of regulated substances in the designated area. They grandfathered in two existing businesses (a gas station and small store). TABLE 3-DETAILS OF AQUIFER PROTECTION ORDINANCES FROM OTHER JURISDICTIONS (Continued) DAYTON, OHIO Contact: Douglas Hall (Dusty), Environmental Protection Manager, Office of Environmental Protection, Dayton, Ohio, 513-443-3734 Designated Area: Wellfield Protection District Area size: 2300 acres in area directly adjacent to wells (operating area) and 6280 acres in remainder of district for a total of approximately 8580 acres. Jurisdiction: Designated area covers parts of 3 cities, 2 townships, 1 village and an air force base. Regulated Substances: SARA and substances defined under OSHA as a health hazard. Deminimis Quantity: Twenty gallons at any time and a maximum of 50 gallons used in any twelve month period. Each existing and proposed activity will be evaluated and given an "intensity rating" of the use. This rating is a combination of quantity of substance and the threat to the public water supply. There shall be no increase in the "intensity" of a non-conforming use within the District. Permits: Must file an Regulated Substance Activity Inventory Report. Exemptions: One year supply of agricultural chemicals for on site application, public water supply and treatment chemicals, maintenance activities may use 50 gallons at any one time and not more than 100 gallons in twelve months, medical and research laboratories may have up to 250 gallons, cleaning agents packaged for personal or household use less than 100 gallons Relocation Clause: None Compensation: None Review of Proposed Facilities: Yes, to determine intensity Prohibited Uses: Dry wells prohibited Design Standards: Upgrade underground storage tanks with secondary containment and monitoring; sand and gravel mining is regulated as conditional use Reporting Requirements: All spills or leaks that reach pervious surfaces. They have a blanket contract for emergency response. Violations Section: None Variance/Appeal Procedure: None Enforcement: City office of Environmental Protection and the Health Districts Special Provisions: They started a wellfield protection fund using a surcharge of $1/1000 ft usage for emergency cleanup. TABLE 3-DETAILS OF AQUIFER PROTECTION ORDINANCES FROM OTHER JURISDICTIONS (Continued) DAYTON, OHIO(Continued) Budget/fees: One time startup cost of $1.3 million; annual personnel costs of $300,000; monitoring costs of $100,000; reserve for emergency response of$5 million; annual risk management projects $3 million Notes: This ordinance basically starts with the status quo and regulates by prohibiting the increase in the intensity of use within the District. TABLE 3 -DETAILS OF AQUIFER PROTECTION ORDINANCES FROM OTHER JURISDICTIONS (Continued) LITTLETON, MASSACHUSETTS Contact: Bernice Gregory, Board of Health, 508-952-2313 Designated Area: Aquifer District Area Size: Various areas throughout the town. Have not calculated the area. Jurisdiction: Town of Littleton Regulated Substances: Toxic or hazardous materials-liquid hydrocarbons products, toxic, caustic or corrosive chemicals, radioactive materials and others. Deminimis Quantity: Five gallons liquid or 25 pounds dry. Permits: Issued by the Planning Board. Special permits issued only if Board determines that the ground water quality will not suffer at the property lines. Permits require a list of chemicals; wastes to be generated; description of waste treatment and disposal facilities; evaluation of proposed use by qualified engineer. Activities that handle more than five gallons or 25 pounds must register with the Board of Health. Exemptions: heating oil; agricultural and horticultural operations Relocation Clause: None Compensation: None Review of Proposed Facilities: Yes, for permit Prohibited Uses: Manufacture, use, transport, storage, disposal of toxic or hazardous materials as principle activity; truck terminal; sanitary landfill, junkyard, motor vehicle servicing/washing; underground storage tanks; storage of ice control chemicals; disposal of snow from outside the District. Design Standards: require safeguards to protect against corrosion, vandalism, spills; drainage; monitoring; the Board of Health may require secondary containment. Reporting Requirements: All spills or leaks shall be reported to the Board of Health and the Fire Department. Violations Section: Yes, by the building inspectors, Health Department. Fire Department is notified in case of a spill Variance/Appeal Procedure: Yes by the Board of Health Enforcement: By the Board of Selectmen Special Provisions: None Budget/fees: Notes: This ordinance regulates by listing specific land uses/facilities that require a permit or are prohibited, and by special provisions for UST's and special permits. • TABLE 3-DETAILS OF AQUIFER PROTECTION ORDINANCES FROM OTHER JURISDICTIONS (Continued) TACOMA,WASHINGTON Contact: John Hildebrand, Environmental Health Specialist, Water Resources Section, Tacoma/Pierce County Health Department, 596-2849 Designated Area: So. Tacoma Groundwater Protection District, designated as environmentally sensitive Area Size: 8000 acres(12.5 sq. mi.) Jurisdiction: City Regulated Substances: Any substance that poses a potential hazard to"human health or quality of drinking water. Deminimis Quantity: 220 pounds or equivalent liquid volume Permits: Yes, both operating and closure permits are required and a fee is charged. Exemptions: Farm/residential fuel tanks less than 1100 gallons; existing fuel tanks less that 1100 gallons; fuel reservoir attached to motor vehicles; petroleum tanks less that 660 gallons for personal use; pipeline facilities regulated by the State/Federal laws; the City's sewer system; sanitary landfills that comply with WAC 173-304; application of fertilizer, pesticide in accordance with accepted practice; retail business use; handling/storing/disposing of less that 220 pounds of hazardous substance per month; small quantities of hazardous substances for personal use. Relocation Clause: None Compensation: None Review of proposed Facilities: Yes in permit issuance. • Prohibited Uses: "High Impact Uses" such as chemical manufacturing, creosote/asphalt manufacture, electroplating, manufacture of flammable liquids, petroleum refining, wood products preserving, hazardous waste storage and treatment. Design Standards: Developed a "General Guidance and Performance Standards"which are best management practices for new underground tanks, spill prevention and management plan, written records etc. Reporting Requirements: Yes Violations Section: Yes, determined by the Health Department. Fire Department determines violations with respect to UST's Variance/Appeal Procedure: Yes, to the Hearing Examiner or the Board of Health. Enforcement: Health Department, Fire Department and Land Use Administrator Special Provisions: Excavation requirements TABLE 3 -DETAILS OF AQUIFER PROTECTION ORDINANCES FROM OTHER JURISDICTIONS (Continued) TACOMA,WASHINGTON (Continued) Budget/fees: Approximately $70,000. Totally financed through permit fees. Permit fees range from $500 to $715 per year for operating permit and $150 for closure permit. Notes: Basically a permit based system for review of new facilities with some prohibited uses. TABLE 3 -DETAILS OF AQUIFER PROTECTION ORDINANCES 'FROM OTHER JURISDICTIONS (Continued) PALM BEACH COUNTY, FLORIDA Contact: Allan Trefry, Environmental Director Water Resources Division, Department of Environmental Resources, 407-355-4011 Designated Area: Four zones based on travel time: zone 1 -within 30 day travel time, zone 2-between 30 day and 210 day travel times, zone 3 -between 210 day and 500 day travel times, zone 4-between 500 day travel time and 1 foot drawdown contour. Area Size: 64,000 acres(100 sq. mi.) Jurisdiction: County and 33 cities. Regulated Substances: 40 CFR Part 261 and 302 (CERCLA), and those substances that may cause significant harm to human health and the environment(including surface and ground water, plants and animals) Deminimis Quantity: 5 gallons of any one substance(or 25 pounds) and 100 gallons aggregate (or 500 pounds) Permits: Both operating and closure permits. Annual fee. Requires a list of substances, activities on site, secondary containment, monitoring plan for substances, installation monitoring wells and monitoring, emergency collection devices available, and bond Exemptions: Emergency services, utilities activities, transport of substances in continuous transit, fuel/reservoirs attached to motor vehicles, sales activities, office uses, construction activities(best management practices) Relocation Clause: Comply or relocate outside of zone 1 within one year. Compensation: Actual cost of relocation or other losses determined and paid by the Board of Commissioners. Review of Proposed Facilities: Yes, in permit issuance Prohibited Uses: Use, storage, handling etc. of regulated substances in zone 1, no new exfiltration systems in zone 1 or 2. Design Standards: New and replacement sanitary sewers constructed to force main standards, Reporting Requirements: Report spills in excess of deminimis quantities. Report to the Palm Beach County Health District and Utility. Violations Section: Yes Variance/Appeal Procedure: Appeal to Groundwater and Natural Resources Protection Board. Board is appointed by the Board of County Commissioners and shall consist of a professional engineer, hydrogeologist, chemist or biologist, attorney, citizen. Enforcement: By Department of Environmental Resources Management • TABLE 3-DETAILS OF AQUIFER PROTECTION ORDINANCES FROM OTHER JURISDICTIONS (Continued) PALM BEACH COUNTY, FLORIDA (Continued) Special Provisions: Special provisions for application of fertilizers, pesticides and herbicides; Owners are responsible for cleanup. Budget/fees: Permit fees are $25 per 1000 sq/ft. with an annual fee of one half the permit fee. Annual budget is $360,000, permit fees cover less than one third of the budget, remainder comes from property tax. Notes: TABLE 3-DETAILS OF AQUIFER PROTECTION ORDINANCES FROM OTHER JURISDICTIONS (Continued) RENTON,WASHINGTON Contact: Designated Area: Aquifer Protection Area; two zones based on travel time within the zone of capture. Zone 1 -within a one year travel time, zone 2-remaining zone of capture within the City limits. Designated as environmentally sensitive area pursuant to SEPA. Area Size: 455 acres zone 1 and 3780 acres zone 2 for a total of 4235 acres. Jurisdiction: City. Currently working on extending the area into the County. Regulated Substances: Flammable liquid, combustible liquid, hazardous materials and other substances as defined in CERCLA, WAC-and any material that may degrade groundwater quality Deminimis Quantity: Five gallons (40 pounds) of any one substance or twenty gallons(100 pounds) aggregate. Permits: Both operating and closure permits. Require list of chemicals, quantity, site map, description of activities, secondary containment,'fee, security agreement, monitoring plan, groundwater wells if necessary. Exemptions: Single-family residences, existing heating oil tanks, fuel/fluid reservoirs attached to motor vehicles, sales activities using containers less than 5 gallons, public interest emergency use, fueling of non licensed vehicles, water treatment chemicals/activities. Relocation Clause: Businesses within zone 1 using over the deminimis quantity must relocate within ten years. Compensation: None Review of Proposed Facilities: Yes, no changes in land use and no construction activities will be allowed if the Utility determines that it will impact groundwater quality of quantity. Prohibited Uses: Zone 1 -surface impoundments, waste piles, hazardous waste treatment, landfills, transfer stations, septic systems, petroleum product pipelines. Zone 2-hazardous waste surface impoundments, waste piles, hazardous waste treatment, solid waste landfills, transfer stations, petroleum product pipelines. Design Standards: Existing development must connect to sanitary sewer if within 330 ft, new development must connect to sanitary sewer, stormwater requirements, pipeline repair, construction, testing requirements, construction activity standards. Reporting Requirements: All spills and leaks greater than one gallon. Violations Section: Yes Variance/Appeal Procedure: Yes to the Hearing Examiner Enforcement: By the Water Utility TABLE 3-DETAILS OF AQUIFER PROTECTION ORDINANCES FROM OTHER JURISDICTIONS (Continued) RENTON,WA (Continued) Special Provisions: Special provisions for application of fertilizers, pesticides, herbicides. Budget/fees: Approximate annual budget is $80,000. Funded by a surcharge on all water services. Notes: TABLE 3-DETAILS OF AQUIFER PROTECTION ORDINANCES FROM OTHER JURISDICTIONS (Continued) SPOKANE COUNTY,WASHINGTON Contact: Stan Miller, Program Manager for Water Quality Management Program, Spokane County Public Works, 509-456-3600 or 6204 Designated Area: Aquifer Sensitive Area Area Size: 78,720 acres (123 sq. mi.) Jurisdiction: City and County Regulated Substances: Specific list that may be updated. Deminimis Quantity: Specific list for variety of substances. Permits: Underground storage tank permits, Certificate of Occupancy for businesses Exemptions: None specified Relocation Clause: none Compensation: none specified • Review Proposed Facilities: yes, By Building;Department to evaluate for Certificate of Occupancy Prohibited Use: No new sanitary and septic sludge disposal sites, no permanent disposal on site Design Standards: Underground storage tank requirements-permit and approval tags, leak testing, reconcile inventory, report leaks; Secondary containment on UST requires interstitial monitoring; residential connect to sewer or septic with dry line and binding agreement not to contest ULID; specifically design the storm runoff; Outside Priority Sewer Service Area 1 unit per 5 acres (or hook to sewer) Reporting Requirements: Report failures/leaks of UST Violations Section: None specified Variance/Appeal Procedure: None specified Enforcement: UST by Fire Marshall, Critical Materials Storage by Spokane County Board of Commissioners. ' Special Provisions: Budget/fees: Program funded through permit fees for project review and other applications Notes: 92-011/LLH/bh TABLE 4) JMPTIONS USED TO ESTIMATE PRC -AM BUDGET The total annual budget for implementation of the proposed. Aquifer Protection Ordinance is estimated to be approximately $80,000. This estimate includes time and equipment for work performed by four positions - an Aquifer Protection Specialist (APS), the Utility Supervisor (US), a clerical position (CA), and the City Attorney (Attorney). The Aquifer Protection Specialist will be responsible for the majority of the program implementation"and will use the other positions as needed. Assumed number of permits equals: 150 per year " APS spends: 4 hr per permit-600 hrs per year " US spends: 1 hr per permit- 150 hrs per year CA spends: 2 hr per permit-300 hrs per year " Attorney spends: 20 hr per year Assumed number of site visits: 150 per year " APS spends: 4 hr per visit-600 hrs per year " US spends: 1 hr per visit-150 hrs per year • CA spends: 1 hr per visit-150 hrs per year " Attorney spends: 20 hr per year Assumed number of calls/letter: 5 per week " APS spends: 0.50 hr per call-130 hrs per year " US spends: 1 hr per week-52 hrs per year • CA spends: 0.50 hr per call- 130 hrs per year " Attorney spends: 20 hr per year Assumed enforcement proceedings: 5 per year " APS spends: 40 hr per site-200 hrs per year US spends: 20 hr per site- 100 hrs per year • CA spends: ' 30 hr per site-150 hrs per year " Attorney spends: 40 hr per site-200 hrs per year Assumed review proposed projects: 60 per year " APS spends: 4 hr per site-240 hrs per year • US spends: 2 hr per site-120 hrs per year • CA spends: 2 hr per site- 120 hrs per year " Attorney spends: 20 hr per year Assumed APS Hourly rate: $20.00 per hour-$35,400 per year Assumed US Hourly rate: $30.00 per hour-$17,160 per year Assumed CA Hourly rate: $10.00 per hour-$ 8,500 per year Assumed car cost of: $0.40 per mile-$530 per year 5 miles per site visit,enforcement proceeding $254 monthly car payment assuming $10,000 car amortized over 4 years at 10% $3,044 annual car payment Assumption about computers: $3,000 per computer 2 computers $76 monthly computer cost amortizing$6,000 over 4 years at 10% $913 annual computer cost Assumed Miscellaneous Supplies: $1,000 • Table 5 Generic Regulated Substances List Acid and basic cleaning solutions Medical, pharmaceutical, dental, veterinary, and Antifreeze and coolants hospital solutions Arsenic and arsenic compounds Battery acid Metal dusts Bleaches, peroxides Mercury and mercury compounds • Brake and transmission fluids Metals finishing solutions Brine solution Oils Casting and foundry chemicals Caulking agents and sealants Paints, pigments, primers, thinners, dyes, stains, Cleaning solvents wood Cooling water(not isolated from process chemicals) preservatives, varnishing, and cleaning Corrosion and rust prevention solutions compounds Cutting fluids Painting solvents PCBs Degreasing solvents Pesticides and herbicides Deicing materials Plastic resins, plasticizers, and catalysts Disinfectants Photo development chemicals Dyes Poisons Polishes Electroplating solutions Pool chemicals Engraving solutions Processed dust and particulates Etching solutions Explosives Radioactive sources Reagents and standards Fertilizers Refrigerants Fire extinguishing chemicals Roofing chemicals and sealers Food processing wastes Formaldehyde Sanitizers, disinfectants, bactericides, and algaecides Fuels and additives Soaps, detergents, and surfactants Solders and fluxes Glues, adhesives, and resins Stripping compounds Greases Tanning industry chemicals Hydraulic fluid Transformer and capacitor oils/fluids Indicators Water and wastewater treatment chemicals Industrial and commercial janitorial supplies Wastewater treatment sludges Industrial sludges and stillbottoms Inks, printing, and photocopying chemicals Laboratory chemicals Liquid storage batteries DRAFT FINAL AQUIFER PROTECTION ORDINANCE January 30. 1992 CONTENTS Section Page 1. Title 3 2. Amendment of Existing Ordinances of The City of Renton 3 A. - Ordinance No. 4260, Title V, Chapter 2 3 B. Ordinance No. 4260, Title V, Chapter 4 3 C. Ordinance No. 4260, Title IV, Chapter 22 3 D. Ordinance No. 4260, Title VIII, Chapter 5 8 E. Ordinance No. 4260, Title IV, Chapter 6 9 F. Ordinance No. 4260, Title IV, Chapter 31 9 3. Purpose and Intent 9 A. Purpose 9 B. Intent 9 4. Definitions 10 5. Applicability 14 6. Exemptions 15 7. Provisions for Certain Regulated Substances Used in the Aquifer Protection Area 16 8. Aquifer Protection Areas and Zones 17 9. Regulations Which Apply Within Zone 1 of an APA 17 A. Removal of Existing Facilities 17 B. Review of Proposed Activities 18 C. Wastewater Disposal Requirements 19 D. Pipeline Requirements . 19 E. Construction Activity Standards 20 F. Conditions for Aquifer Protection Area Operating Permits Issued to Existing Facilities 21 10. Regulations Which Apply Within Zone 2 of an APA 23 A. Existing Facilities 23 B. Review of Proposed Activities 23 C. Wastewater Disposal Requirements 24 D. Pipeline Requirements 24 E. Construction Activity Standards 24 F. Requirements for Aquifer Protection Area Operating Permits Issued to Existing and New Facilities 25 G. Potential to Degrade Groundwater 25 Aquifer Protection G.uuiance-FINAL January 30, 1992 Page 2 Section Page 11. Regulations for Existing Solid Waste Landfills 25 12. Aquifer Protection Area Permits 26 • 13. Operating Permit Conditions 26 14. Regulated Substances Management Plan 28 15. Groundwater Monitoring Plan . 29 16. Unauthorized Releases 29 A. General Provisions 29 B. Unauthorized Releases Requiring Recording 29 C. Unauthorized Releases Requiring Reporting 30 17. Closure Permits and Permit Conditions 32 18. Enforcement 33 19. Notice of Violation 33 20. Injunctive Relief 33 21. Other Laws, Rules, and Regulations 34 22. Penalties 34 23. Administrative Rule 34 24. Modifications, Waivers, Alternatives,Tests 34 25. Appeals 35 26 Aquifer Protection Variance Procedures 36 27 Effective Date 39 28 Severability 39 Exhibits Exhibit 1. Generic Substances List Exhibit 2. Legal Description of Zone 1 and Zone 2 - Aquifer Protection Areas in the City of • Renton, Washington Exhibit 3. Aquifer Protection Map Exhibit 4. Pipeline Material Requirements Aquifer Protection Ordinance-FINAL January 30, 1992 Page 3 FINAL AQUIFER PROTECTION ORDINANCE January 30, 1992 SECTION 1. TITLE This Ordinance shall be hereinafter known as the "Aquifer Protection Ordinance," may be cited as such, will be hereinafter referred to as "this Ordinance", and same shall be and constitute Chapter_, Title of Ordinance No. _known as SECTION 2: AMENDMENT OF EXISTING ORDINANCES OF THE CITY OF RENTON A. Ordinance No. 4260, Title V, Chapter 2 Chapter 2, Bonds, of Title V (Finance.and Business Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended as follows: Add new Section 5-2-6: Aquifer Protection Area Permits: All permittees, before final issuance of an aquifer protection area permit (operating and closure permits), shall execute a security agreement in a form acceptable to the City not to exceed two hundred thousand dollars ($200,000.00), conditioned for the faithful performance of the requirements stated in the permit and that they will clean up to the satisfaction of the Water Utility any and all contamination incidents on or emanating from the permitted property. B. Ordinance No. 4260, Title IV, Chapter 4 Chapter 4, Zoning, of Title IV (Building Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended as follows: Section 4-31-33B.1. Add: For all development in the Light Industrial (L-1) and Heavy Industrial (H-1) Zones that fall within Zone 1 or Zone 2 of an Aquifer Protection Area. C. Ordinance No. 4260, Title N, Chapter 22 Section 4-22-8, Drainage Plan Requirements and Methods of Analysis, of Chapter 22, Storm and Surface Water Drainage, of Title N (Building Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended as follows: Add: SPECIAL REQUIREMENT#13: AQUIFER RECHARGE AND PROTECTION AREAS Aquifer Protection C lance-FINAL January 30, 1992 Page 4 Threshold IF a proposed project lies within an Aquifer Protection Area as defined and designated by City ordinance and as indicated on the Aquifer Recharge and Protection Map at the City permit counter... Requirement THEN the proposed project drainage review and engineering plans shall be prepared in accordance with the special requirements, methods of analysis and design standards that have been adopted for Aquifer Recharge and Protection Areas by City ordinance. Add to DEFINITIONS: • "Chemicals" means all "Regulated Substances" as defined by the City of Renton in the Aquifer Protection Ordinance. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.1 CORE REQUIREMENT # 1: DISCHARGE AT THE NATURAL LOCATION, as follows: Add at end of existing section: Requirements that apply within Zones 1 and 2 of an Aquifer Protection Area: Surface and storm water runoff from a proposed project that proposes to construct new, or modify existing drainage facilities must be discharged at the natural location so as not to be diverted onto, or away from, the adjacent downstream property,. except that surface and storm runoff from new or existing impervious surfaces subject to vehicular use or storage of'chemicals should be discharged at the location and in the manner which will provide the most protection to the aquifer, as directed and approved by the Storm Water Utility and the Water Utility. Discharge from the project must produce no significant adverse impact to the downhill property. Where no conveyance system exists at the adjacent downstream property line or other acceptable location and the discharge was previously unconcentrated flow, the runoff must: (1) be conveyed across the downstream properties to an acceptable discharge point (see Core Requirement #2: OFFSITE ANALYSIS in Section 1.2.2), with drainage easements secured from the downstream owners and recorded at the King County Office of Records and Elections prior to drainage plan approval, OR (2) be discharged onto a rock pad shaped in a manner so as to disperse flow(see Figure 4.3.51) if the runoff is less than 0.2 cfs peak runoff rate for the 100-year, 24-hour duration design storm event existing site conditions. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT# 3: RUNOFF CONTROL, "Biofiltration," as follows: a Aquifer Protection C.—aance-FINAL January 30, 1992 Page 5 Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: Proposed project runoff resulting from more than five thousand square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall not be treated prior to discharge from the project site by on-site biofiltration measures but shall instead be treated by a wetvault meeting the design criteria contained in Section 1.3.5 SPECIAL REQUIREMENT # 5: SPECIAL WATER QUALITY CONTROLS, and then a coalescing plate oil/water separator meeting the design criteria contained in Section 1.3.6 SPECIAL REQUIREMENT # 6: COALESCING PLATE OIL WATER SEPARATORS. Note, storm" detention (if needed) must occur prior to these water quality facilities, the water surface area and volume contained in the coalescing plate oil separator shall be creditable towards meeting the size requirement of the last cell in the upstream wetvault . Requirements for Zone 2 of an Aquifer Protection Area: Proposed project runoff resulting from more than five thousand square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall be treated prior to discharge from the project site by on-site biofiltration measures as described in Section 4.6.3 in Chapter 4 of the King County Surface Water Design Manual. All biofiltration facilities must be lined using the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. The biofiltration design flow rate shall be based on the peak rate of runoff for the 2-year, 24-hour duration design storm event total precipitation. Note, biofiltration facilities installed following peak rate runoff control facilities may be sized to treat the allowable release rate (pre-developed) for the 2-year 24- hour duration design storm event for the peak rate runoff control facility. Biofiltration facilities installed prior to peak rate runoff control facilities shall be sized based on the developed conditions with the design flow rate being the peak rate of runoff resulting from the water quality design storm event as described in Section 1.3.5, Special Requirement#5: SPECIAL WATER QUALITY CONTROLS. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT # 3 RUNOFF CONTROL, "Detention Facilities," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new detention ponds to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT # 3 RUNOFF CONTROL, " Runoff Control," as follows: Aquifer Protection C lance-FINAL January 30, 1992 Page 6 Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new detention ponds to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. Amend Chapter .1 of the King County Surface Water Design Manual, Section 1.2.3 CORE REQUIREMENT # 3: RUNOFF CONTROL, "Infiltration Facilities,"as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: The City of Renton prohibits the construction of new infiltration facilities to control the peak rate of runoff from new or existing impervious surfaces subject to vehicular use or storage of chemicals. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.4 CORE REQUIREMENT # 4: CONVEYANCE SYSTEM, "(4) For new drainage ditches or channels," as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area: New drainage ditches or channels shall not be employed to convey the runoff resulting from impervious surface that is subject to vehicular use or storage of chemicals. Requirements for Zone 2 of an Aquifer Protection Area: New drainage ditches or channels shall only be employed when a pipe system is not feasible. New drainage ditches or channels shall be lined using the design criteria, and existing drainage ditches or channels reconstructed, to convey the peak runoff from the 25 year design storm using the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6 Water Quality Facility Design. and the Methods of Analysis described in Section 4.3.7 in Chapter 4 of the King County Surface Water Design Manual, with a freeboard to overflow of 0.5 feet. In addition, new drainage ditches or channels must be demonstrated to convey the peak runoff from the 100-year design storm without overtopping. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.2.4 CORE REQUIREMENT # 4: CONVEYANCE SYSTEM, "Composition," as follows: Add at end of existing section: Requirements for'Zone 1 of an Aquifer Protection Area: New conveyance systems shall be constructed in accordance with the Pipeline Requirements specified in Section 8(E) of the Aquifer Protection Ordinance. Proposed Aquifer Protection ( nance-FINAL January 30, 1992 Page 7 projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or storage of chemicals. Said impervious surface shall be provided with the proper catch basins and a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. Requirements for Zone 2 of an Aquifer Protection Area: New conveyance systems shall be constructed in accordance with the Pipeline Requirements of Section 9(E) of the Aquifer Protection Ordinance. Proposed projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or storage of chemicals. Said impervious surface shall be provided with the proper catch basins and a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT # 5: SPECIAL WATER QUALITY CONTROLS as follows: Add at end of existing section: Requirements for Zone 1 of an Aquifer Protection Area Threshold IF a proposed project will discharge runoff from more than five thousand square feet of impervious surface that will be subject to vehicular use or storage of chemicals. Requirement THEN a wetvault meeting the standards described above shall be employed to treat a project's runoff prior to treatment by the coalescing plate oil/water separator and discharge from the project site. New or existing retrofitted wetvaults and appurtenances shall meet the Pipeline Requirements specified in Section 8(E) of the Aquifer Protection Ordinance. Amend: Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT # 5: SPECIAL WATER QUALITY CONTROLS Requirements for Zone 2 of an Aquifer Protection Area: Threshold IF a proposed project will construct more than one acre of impervious surface that will be subject to vehicular use or storage of chemicals and: (a) proposes direct discharge of runoff to a regional facility, receiving water, lake, wetland, or closed depression without on-site peak rate runoff control; OR Aquifer Protection C riance-FINAL January 30, 1992 Page 8 (b) the runoff from the project will discharge into a Type 1 or 2 stream, or Type 1 wetland, within one mile form the project site; OR (c) an infiltration facility will be used to provide the peak rate runoff control for site sub-basin areas with more than one acre of new or existing impervious surface that will be subject to vehicular use or storage of chemicals. Requirement THEN a wetpond meeting the standards described above shall be employed to treat a project's runoff prior to discharge from the site. A wetvault or water quality swale, as described above, may be used when a wetpond is not feasible. Amend Chapter 1 of the King County Surface Water Design Manual, Section 1.3.5 SPECIAL REQUIREMENT # 6: COALESCING PLATE OIL/WATER SEPARATORS as follows: Add at end of existing section: • Requirements for Zone 1 of an Aquifer Protection Area: Threshold IF a proposed project will discharge runoff from more than five thousand square feet of impervious surface that will be subject to vehicular use or storage of chemicals... Requirement THEN a coalescing plate, or equivalent, oil/water separator (as described above) shall be employed to treat this runoff following wetvault treatment and storm detention and discharge from the project site. D. Ordinance No. 4260, Title VIII, Chapter 5 Chapter 5, Sewers, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended as follows: Insert new section after existing Section 8-5-19 as follows: 8-5-20 REQUIREMENTS THAT APPLY WITHIN ZONES 1 AND 2 OF AN AQUIFER PROTECTION AREA For properties located in Zone 1 of an Aquifer Protection Area, additional requirements pertaining to sewers are specified in the following sections of the Aquifer Protection Ordinance (Ordinance No. ): Section 8(C), Wastewater Disposal Requirements; Section 8(E), Pipeline Requirements; and Section 8(F), Construction Activity Standards. Aquifer Protection C lance-FINAL January 30, 1992 Page 9 For properties located in Zone 2 of an Aquifer Protection Area, additional requirements pertaining to sewers are specified in the following sections of the Aquifer Protection Ordinance (Ordinance No. ): Section 9(B), Review of Proposed Facilities; Section 9(C), Wastewater Disposal Requirements; Section 9(E), Pipeline Requirements; and Section 9(F), Construction Activity Standards; and Section 9(H), Potential to Degrade Groundwater. E. Chapter 6, Environmental Ordinance of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended as follows: Section 4-6-22 E.1. Add: The Aquifer Protection Ordinance (Ordinance No. ) shall be included in the environmental policy of Renton. F. Chapter 31, Zoning Code, of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton Washington", is hereby amended as follows: Section 4-31-33. All proposals for changes in land use or for construction activities within the Aquifer Protection Area shall be subject to site plan review. SECTION 3: PURPOSE AND INTENT A. PURPOSE The purpose of this Ordinance is to protect aquifers used as potable water supply sources by the City of Renton from contamination by regulated substances. This Ordinance establishes regulations for land uses within Aquifer Protection Areas; construction, inspection and monitoring standards for new and existing regulated substance facilities; uniform standards for release reporting, emergency response, substance management planning, closure and abandonments, and enforcement; and permit procedures. B. INTENT It is the intent of this Ordinance to provide a method: 1. To protect the groundwater resources of the City of Renton. 2. To provide a means of regulating specific land uses within Aquifer Protection Areas. 3. To provide a means of establishing safe construction practices for projects built within an Aquifer Protection Area. Aquifer Protection Ordinance-FINAL January 30, 1992 Page 10 4. To protect the City of Renton's drinking water supply from impacts by facilities that store, handle, treat, use, or produce substances that pose a hazard to groundwater quality. 5. To protect public health and the environment by implementing the State Environmental Policy Act(RCW 43.21.C). Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency are established by State and Federal laws and are not covered by this Ordinance. The Generic Substances List attached and incorporated as Exhibit 1 to this Ordinance is provided for informational purposes. Persons that store, handle, treat, use, or produce a substance on the Generic Substances List may be storing, handling, using, or producing a Regulated Substance as defined by this Ordinance. and, therefore, may be subject to the -requirements of this Ordinance. In addition to the provisions of this Ordinance, all underground storage facilities shall meet all applicable provisions and requirements of Title VII, Chapter 2., Underground Storage and Secondary Containment Ordinance, of the Code of the City of Renton. In addition to the provisions of this Ordinance, all hazardous substance facilities and installations shall meet all applicable provisions and requirements of Articles 80 of the Uniform Fire code, and City of Renton Ordinance No. 4186, Zoning Requirements for Hazardous Waste Treatment and Storage Facilities. SECTION 4: DEFINITIONS A. ADMINISTRATOR shall mean the Administrator of the Department of Planning/Building/Public Works of the City of Renton, or any successor office with responsibility for management of the Public Properties within the City of Renton, or his/her designee. B. AQUIFER shall mean a groundwater-bearing geologic formation or formations that contain enough saturated permeable material to yield significant quantities of water to wells. C. AQUIFER PROTECTION AREA (APA) shall be the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City of Renton, as defined in Exhibit 2 to this Ordinance. D. AQUIFER PROTECTION AREA PERMIT shall mean an authorization by the Utility for a person to store, handle, treat, use or produce a regulated substance • within an APA. The two types of permits that will be issued pursuant to this Ordinance are an Operating Permit and a Closure Permit. Aquifer Protection C lance-FINAL January 30, 1992 Page 11 E. AQUIFER PROTECTION ZONES are zones of an APA designated to provide graduated levels of aquifer protection. Each APA may be subdivided into two aquifer protection zones: 1. Zone 1: The land area situated between a well or well field owned by the City of Renton and the 365-day groundwater travel time contour. 2. Zone 2: The land area situated between the 365-day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City of Renton. 3. Protected APA designated Zone 2: If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata, the City of Renton may choose not to subdivide an APA into two zones. In such a case, the entire APA will be designated as Zone 2. F. CONSTRUCTION ACTIVITY means construction and all activities associated with construction, to include, but not be limited to, mining; grading; landfilling; excavating;,and repair and maintenance of structures, equipment, and other appurtenances. G. CONTAINMENT DEVICE means a device that is designed to contain an unauthorized release, retain it for cleanup, and prevent released materials from penetrating into the ground. H. EPA shall mean the United States Environmental Protection Agency. I. FACILITY means all contiguous land within an APA, structures, other appurte- nances, and improvements on the land wherein regulated substances are stored, handled, treated, used, or produced in quantities greater than the de minimis amounts specified in Section 6(B) of this Ordinance. Storm sewers, sanitary sewers, interstate freeways, state highways, arterials, and railroads are facilities for purposes of construction standards and operations review only, are not prohibited in Zone 1, and do not require an Aquifer Protection Area Operating Permit. These facilities may, however, be subject to special requirements that are supportive of aquifer protection, contained in relevant sections of the City code, and applied during the construction standards and operations review process. J. GROUNDWATER means water below the land surface in the zone of saturation. K. GROUNDWATER MONITORING PLAN shall mean a plan containing procedures to be followed to assess groundwater quality for concentrations of those chemicals identified in the operating permit. L. GROUNDWATER MONITORING WELL means a small-diameter well installed for purposes of sampling and monitoring groundwater. Aquifer Protection C nance-FINAL January 30, 1992 Page 12 M. HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITY means any facility regulated pursuant to 40 CFR 264 or 265, or WAC 173-303- 280 through WAC 173-303-670. N. OPERATOR means any person in control of, or having responsibility for, the daily operation of a facility. O. OWNER may include a duly authorized agent or attorney, a purchaser, devisee, fiduciary, and/or a person having vested or contingent interest in the property and/or facility in question. P. PERSON shall mean any person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, owner, lessee, tenant, or any other entity whatsoever or any combination of such, jointly or severally. Q. PIPELINE shall mean buried pipe systems (including all pipe, pipe joints, fittings, valves, manholes, sumps, and appurtenances that are in contact with the substance being transported) utilized for the conveyance of regulated substances. Pipelines include, but are not limited to, sanitary sewers, side sewers, storm sewers, leachate pipelines, and product pipelines. R. POTABLE WATER shall mean water that is satisfactory for drinking, culinary, and domestic purposes meeting current county, state, and federal drinking water standards. S. REGULATED SUBSTANCES shall mean any flammable liquids, combustible liquids, hazardous materials, and other substances, which are more particularly defined as: 1. FLAMMABLE LIQUID is any liquid having a flash point below 100 degrees F and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees F. 2. COMBUSTIBLE LIQUID is a liquid having a flash point at or above 100 degrees F. 3. HAZARDOUS MATERIALS shall include such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hyperbolic materials, and pyrophoric materials as defined in Article 9 of the Uniform Fire Code and any substance or mixture of substances which is an irritant or a strong sensitizer or which generates pressure through exposure to heat, decomposition, or other means. 4. OTHER SUBSTANCES shall mean: a. A Hazardous Substance as defined by Sec-tion 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or(1) any substance designated pursuant Aquifer Protection Orainance-FINAL January 30, 1992 Page 13 to Section 311(b) (2) (A) of the Clean Water Act (CWA); (2)any element, compound, mixture, solution, or substance designated pursuant to Section 102 of CERCLA; (3)any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not including any waste, the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress); (4)any toxic pollutant listed under Section 307 (a) of the CWA; and (5) any imminently hazardous chemical substance or mixture with respect to which EPA has taken action pursuant to Section 7 of the Toxic Substances Control Act. b. Hazardous Substances that include any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090, 173-303-101, 173-303-102, or 173-303-103. c. Hazardous Waste as designated in WAC 173-303 as dangerous or extremely hazardous waste. d. Any material that may degrade groundwater quality when improperly used, stored, disposed of, or otherwise mismanaged. T. REGULATED SUBSTANCES MANAGEMENT PLAN shall mean a plan containing procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a regulated substance. U. SOLID WASTE shall be defined as per Chapter 173-304 WAC, Minimal Functional Standards for Solid Waste Handling, WAC 173-304-100(73). V. UNAUTHORIZED RELEASE means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a regulated substance in a quantity greater than 1 gallon (5 pounds) per incident from .a facility into a containment system, into the air, into groundwater, surface water, surface soils or subsurface soils. Unauthorized release does not include: intentional withdrawals of regulated substances for the purpose of legitimate sale, use, or disposal; and discharges permitted under federal, state, or local law. W. UNDERGROUND STORAGE FACILITY shall be defined as in City of Renton Ordinance No. 4147, Underground Storage Tank Secondary Containment Ordinance, Section 71204 (T). X. UNDERLYING PERMITS shall mean permits required by the City of Renton, including but not limited to building permits; conditional use permits; mining, excavation, and fill and grade permits; shoreline development permits; site plan reviews; variance rezones; planned unit developments; and subdivision, short subdivision, and land use permits. Aquifer Protection Ordinance-FINAL January 30, 1992 Page 14 Y. UTILITY shall mean the City of Renton Water Works Utility. Z. UTILITY STANDARDS shall mean standard design and construction practices adopted by the Utility. AA. WELL FIELD shall mean an area which contains one or more wells for obtaining a potable water supply. BB. WELL shall mean a pit or hole dug intothe earth to reach an aquifer. SECTION 5: APPLICABILITY A. Persons who own and/or operate one or more facilities in an Aquifer Protection Area (APA) shall comply with this Ordinance except as preempted by federal or state law. If the operator of the facility is not the owner, then the owner shall enter into a written contract with the operator requiring the operator to comply with this Ordinance. Execution of this contract between the owner and operator shall not absolve the owner of the legal responsibility for compliance. Any person who owns or operates more than one facility in a single Zone of the APA shall have the option of obtaining one permit for all operations if the operations at each facility are similar and the permit requirements under this Ordinance are applicable to each facility individually. B. The effective date for permit applications is July 1, 1992. C. Within six (6) months of the effective date for permit applications, all existing facilities located in Zone 1 of an APA must file an APA Operating Permit or Closure Permit application with the Utility. Within twelve (12) months of the effective date, all existing facilities located in Zone 1 of an APA must comply with the permitting requirements of this Ordinance including construction, containment, monitoring, and inspection, and must have an approved Regulated Substances Management Plan. D. Within one ( 1) year of the effective date for permit applications, all existing facilities located in Zone 2 of an APA must file an APA Operating Permit or Closure Permit application with the Utility. Within two (2) years of this effective date, all existing facilities located in Zone 2 of an APA must comply with the permitting requirements of this Ordinance including construction, containment, monitoring, and inspection, and must have an approved Regulated Substances Management Plan. E. All proposals for new facilities within any Zone of an Aquifer Protection Area must be reviewed for compliance with this Ordinance including obtaining an Operating permit pursuant to this Ordinance, prior to issuance of any underlying permits. • Aquifer Protection Ordinance-FINAL January 30, 1992 • Page 15 F. All owners and/or operators of facilities which have stored, handled, treated, used, or produced regulated substances in the past, or have the ability to do so in the future must comply with the permit requirements, release reporting requirements, and closure requirements as set forth in this Ordinance. G. All Aquifer Protection Area operating permits must be renewed by the Utility on an annual basis. SEC770N 6: EXEMPTIONS A. The storage and handling of regulated substances for resale in their original unopened containers of five (5)gallons or twenty-five (25)pounds or less shall be exempt from the permit requirements and Section 9(A) of this Ordinance. B. De Minimus Usage of Regulated Substances: Facilities that use, store, or handle regulated substances in quantities of five (5)gallons or twenty-five (25)pounds or less of any one regulated substance, and in aggregate quantities of twenty (20)gallons or.one-hundred (100) pounds or less of all regulated substances, shall .be exempt from the permit requirements and Section 9(A) of this Ordinance. Where regulated substances are dissolved in or mixed with other non-regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this ordinance. • C. Single family residences are exempt from the permit requirements and Section 9(A) of this Ordinance provided that no home business (as defined by Title 4, Chapter 31 of the Code of the City of Renton)is operated on the premises. D. Fuel tanks and fluid reservoirs. attached to a private or commercial motor vehicle and used directly in the operation of that vehicle shall be exempt from the provisions of this Ordinance. E. Existing heating systems using fuel oil are exempt from the requirements of this Ordinance. F. If the Utility determines that an existing or proposed activity, that is exempt from the permit requirements of this Ordinance pursuant to this section, has a significant or substantial potential to degrade groundwater quality, then the Utility may classify that activity as a facility as defined by this Ordinance, and therefore require that facility to comply with the permit requirements of this Ordinance. Such determinations will be based upon site-specific data and shall be eligible for appeal pursuant to Section 23 of this Ordinance. - G. Public interest emergency use and storage of regulated substances by governmental organizations is exempt from the permit requirements and Section 9(A)(1) of this Ordinance. Aquifer Protection Ordinance-FINAL January 30, 1992 Page 16 H. Regulated substances used by the City of Renton in water treatment processes are exempt from the permit requirements and Section 9(A)(1) of this • Ordinance. I. Fueling of equipment not licensed for street use is exempt from the permit requirements and Section 9(A) of this Ordinance, provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent leakage. J. Regulated substances contained in properly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part of routine use are exempt from the permit requirements and Section 9.A.1. of this ordinance. SECTION 7: PROVISIONS FOR CERTAIN REGULATED SUBSTANCES USED IN THE AQUIFER PROTECTION AREA. A. The application of regulated substances such as pesticides, herbicides, and fungicides in recreational, agricultural, pest control, and weed control activities, and in quantities greater than the de minimis amounts specified in Section 6(B) of this Ordinance, shall be allowed in an APA provided that: 1. The application is in strict conformity with the use requirements as set forth by the .EPA and as indicated on the containers in which the substances are sold. 2. Applicators of these regulated substances apply for an Aquifer Protection Area Operating Permit. B. The application of fertilizers containing nitrates, and in quantities greater than the de minimis amounts specified in Section 6(B) of this Ordinance, shall be allowed in an APA provided that: 1. No application of nitrate-containing materials shall exceed one-half (0.5)pound of nitrogen per thousand square feet per single application or a total yearly application of five (5)pounds of nitrogen per thousand square feet; except that an approved slow-release nitrogen may be applied in quantities of up to nine-tenths (0.9) pound of nitrogen per thousand square-feet per single application or eight (8) pounds of nitrogen per thousand square feet per year; and 2. Applicators of these regulated substances apply for an Aquifer Protection Area Operating Permit. C. Storage of regulated substances described in Section 7(A) above, in quantities greater than the de minimus amounts specified in Section 6(B) of this Ordinance, shall not be allowed in Zone 1 of an APA, and shall be subject to the Aquifer Protection Area Operating Permit requirements specified in the Ordinance. Aquifer Protection Ordinance-FINAL January 30, 1992 Page 17 SECTION 8: AQUIFER PROTECTION AREAS AND ZONES A. The locations of Aquifer Protection Areas (APA) in the City of Renton are defined in Exhibit 2 to this Ordinance. Aquifer Protection Area Maps are on file with the City Clerk, the Department of Planning/Building/Public Works, and the Renton Fire Department. Exhibit 3 shows a map of the APA. B. Determination of location within a Zone of an Aquifer Protection Area: In determining the location of facilities within the zones defined by Exhibit 2, the following rule shall apply. 1. Facilities located wholly within an APA zone shall be governed by the restrictions applicable to that zone. 2. Facilities having parts lying within more than one zone of an APA shall be governed as follows: each part of the facility shall be reviewed and regulated by the requirements set forth in this Ordinance for the zone in which that part of the facility is actually located. 3. Facilities having parts lying both in and out of an APA shall be governed as follows: a. That portion which is within an APA shall be governed by the applicable restrictions in this ordinance, and b. That portion which is not in an APA shall not be governed by this ordinance. C. The Aquifer Protection Area which is identified herein is designated as an Environmentally Sensitive Area pursuant to the State Environmental Policy Act, WAC 197-11-908, and Title IV, Chapter 7, Section 4-2828 of the City Code. The following SEPA categorical exemptions shall not apply. within said area: WAC 197-11-800: (1), (2) c through g, (3), (5), 6(a), 14(c), (24) c, e, f, (25) h; and Chapter 7, Section 4-2826 of this Code. SECTION 9: REGULATIONS WHICH APPLY WITHIN ZONE 1 OF AN APA A. REMOVAL OF EXISTING FACILITIES 1. Ten (10) years after the effective date of this ordinance, the storage, handling, use, treatment or production of any regulated substance in quantities greater than the de minimus amounts specified in Section 5(1) of this Ordinance at existing facilities shall not be allowed within Zone 1 of an APA. In the interim, the storage, handling, usage, treatment or production of any regulated substance shall be allowed only at existing facilities and as provided herein. Once a facility is abandoned or the use of regulated substances is terminated, the owner and/or operator Aquifer Protection C lance-FINAL January 30, 1992 Page 18 • shall not reinstate the use of regulated substances in quantities greater than de minimis quantities. 2. Closure of a facility or termination of any or all facility activities shall be conducted in accordance with the closure requirements (Section 17) of this Ordinance. B. REVIEW OF PROPOSED ACTIVITIES 1. Within Zone 1 of an APA, no changes in land use and no construction activities shall be allowed unless a fording is made by the Utility that the proposal will not impact the long term, short term or cumulative quantity or quality of the aquifer. The finding shall be based on the present or past activities conducted at the facility; regulated substances stored, handled, treated, used or produced; and the potential for the activities or regulated substances to degrade groundwater quality. • 2. Changes in land use and types of new facilities which are prohibited within Zone 1 of an APA include, but are not limited to: any use in which regulated substances are used, stored, treated, or handled; or which produces moderate risk waste, hazardous waste, and/or dangerous waste. The use of regulated substances in de minimus quantities as defined in Section 6(B) of this'Ordinance shall be exempt from this provision. 3. The conversion of heating systems to fuel oil or the installation of new fuel oil heating systems in Zone 1 of the APA after the effective date of this Ordinance is prohibited. 4. The following specific changes in land use and types of new facilities will be prohibited within Zone 1 of an APA: surface impoundments (as defined in WAC 173-303 and 304); waste piles (as defined in WAC 173- 303 and 304); hazardous waste treatment, storage, and disposal facilities; all types of landfills including solid waste landfills; transfer stations; septic systems; recycling facilities that handle regulated sub- stances; underground storage facilities; and petroleum product pipelines. 5. All applications for changes in land uses and for all underlying permits in Zone 1 of the APA must be reviewed for compliance with this Ordinance. The focus of review for all permits will be on the substances that will be stored, handled, treated, used or produced; and the potential for these substances to degrade groundwater quality. All permits required pursuant to this Ordinance must be issued prior to or concurrent with the issuance of permits for construction activities or underlying permits for these activities. 6. All proposals for changes in land use or for construction activities shall be subject to site plan review pursuant to Title N, Chapter 31, Section 4-31-33. Aquifer Protection Ordinance-FINAL January 30, 1992 Page 19 C. WASTEWATER DISPOSAL REQUIREMENTS 1. New developments (residential and non=residential) shall, as a condition of the building permit, be required to connect to a central sanitary sewer system prior to occupancy. 2. Existing developments (residential and non-residential) may be required to connect to a central sewer system as a requirement of any Building Permit issued after the effective date of this ordinance for the property. 3. All existing developments (residential and non-residential) which are within 330 feet of an existing gravity sanitary sewer with capacity shall be required to connect within twelve (12) months of the passage of this ordinance. All existing developments (residential and non-residential) which are located within 330 feet of a new gravity sanitary sewer line with capacity shall be required to connect within twelve (12) months of the availability of the new sewer line. D. PIPELINE REQUIREMENTS 1. All new and existing pipelines in Zone 1 shall be constructed or repaired in accordance with material specifications contained in Exhibit 4. All existing product pipelines in Zone 1 shall be repaired and maintained in accordance with best management practices and best available technology. 2. All new pipelines constructed in.Zone 1 shall be tested for leakage in conformance with this paragraph prior to being placed into service. Pipeline leakage testing shall be conducted in accordance with best available technology, to the satisfaction of the Utility. Pipeline leakage testing methods shall be submitted to the Utility for review prior to testing and shall include: a detailed description of the testing methods and technical assumptions; accuracy and precision of the test; proposed testing durations, pressures, and lengths of pipeline to be tested; and scale drawings of the pipeline(s) to be tested. Upon completion of testing, pipeline leakage testing results shall be submitted to the Utility and shall include: record of testing durations, pressures, and lengths of pipeline tested; and weather conditions at the time of testing. Routine leakage testing of new pipelines constructed in Zone 1 may be required by the Utility. 3. If the Utility has reason to believe that the operation or proposed operation of an existing pipeline in Zone 1 of an APA may degrade groundwater quality, the Utility may require: leakage testing of the existing pipeline in accordance with paragraph 2 of this subsection; and installation, sampling, and sample analysis of monitoring wells. Aquifer Protection( nance-FINAL January 30, 1992 Page 20 Routine leakage testing of existing pipelines in Zone 1 may be required by the Utility. Criteria for this determination is specified under Section 10(G2)of this ordinance. 4. Should pipeline leakage testing reveal any leakage at any level then the Utility shall require immediate repairs to the pipeline to the satisfaction of the Utility such that no infiltration of water into the pipeline or exfiltration of substances conveyed in the pipeline shall occur. Any repairs which are made shall be tested for leakage pursuant to paragraph 2 of this subsection. E. CONSTRUCTION ACTIVITY STANDARDS • The following standards will be followed for any construction activity which shall be undertaken within Zone 1 of an APA and shall be included as conditions of any underlying permit. These standards shall apply to the storage, handling, treatment, use, or production of regulated substances in quantities greater than the de minimis amounts specified in Section 6(B) of this Ordinance. 1. No temporary storage of regulated substances onsite shall be permitted unless it can be demonstrated that no other feasible site alternative exists. The feasibility determination shall be made based on unreasonable or excessive expense and extreme impracticality, not inconvenience. Should regulated substance storage be permitted, then such storage shall be limited to a period not to exceed fifteen (15)days. 2. The underlying permit shall specify those regulated substances to be used and/or temporarily stored onsite. These substances shall be limited to the absolute minimum quantity required to accomplish the specific task. 3. All regulated substances stored temporarily onsite shall be secondarily contained within leak-proof structures (liners, vaults, paved areas with curbing, etc.). The location of temporary storage must be specified on the building or site plans. 4. The construction activity staging area shall be located in Zone 1 of an APA only if no feasible site exists outside Zone 1. The staging area shall be limited to the minimum area absolutely required. The staging area must be specified on the approved building or site plans. 5. The use of petroleum products on site shall be limited during. construction activities to that amount which is necessarily required. 6. All refueling of equipment shall take place outside of Zone 1 if feasible. If such refueling is not feasible, then the refueling area must be covered with a leak-proof membrane surrounded by temporary retaining walls. Aquifer Protection C lance-FINAL January 30, 1992 Page 21 7. All equipment directly associated with performance of the construction activity shall be "bibbed" to contain leakage of petroleum products. Bibs shall be drained and cleaned a minimum of once each day. Any such equipment which is known to be leaking petroleum products, including fuel or hydraulic fluid, shall be prohibited on the site. 8. The contractor shall comply with all applicable laws relating to disposal of hazardous substances and shall be contractually responsible for ensuring that all subcontractors comply as well. F. REQUIREMENTS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING FACILITIES The following conditions will be required as part of any Operating Permit issued in Zone 1 of an APA: 1. Groundwater Monitoring: An owner/operator of a facility may, at its own expense, be required to install one or more groundwater monitoring wells as determined by and in a manner approved by the Utility. Criteria used to determine the need for monitoring wells shall include but not be limited to the proximity of the facility to the City's production or monitoring wells, the type and quantity of regulated substances on site, and whether or not the regulated substances are stored in underground vessels. Every owner required to install monitoring wells shall, at its own expense, sample groundwater in each monitoring well within thirty (30) days of completing well construction and semiannually thereafter, and obtain independent analytical results of the presence and concentration of those chemicals identified by the Utility in the Operating Permit (including breakdown and transformation products). The analytical results shall be obtained through the use of the EPA- approved methods for water. The results shall be filed within 72 hours with the Utility. 2. Containment: Every owner/operator of a facility shall provide containment devices adequate in size to contain on-site any unauthorized release of regulated substances from any area where these substances are either stored, handled, treated, used, or produced. Containment devices shall prevent such substances from penetrating into the ground. This provision also applies to releases that may mix with storm runoff. Design requirements for containment devices are follows: a. The containment device shall be large enough to contain 110 (one hundred ten) percent of the volume of the container, in cases where a single container is used to store, handle, treat, use, or produce a regulated substance. In cases where multiple containers are used, the containment device shall be large enough to contain 150 percent of the volume of the largest Aquifer Protection C lance-FINAL January 30, 1992 Page 22 container or 10 percent of the aggregate volume of all containers, whichever is greater. b. All containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any regulated substance. If coatings are used to provide chemical resistance for containment devices, they shall also be resistant to the expected abrasion and impact conditions. Containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release. c. If the containment device is open to rainfall, then it shall be able to accommodate the volume of precipitation that could enter the containment device during a 24-hour, 100-year storm, in addition to the volume of the regulated substance storage required in Subsection 2a above. d. Containment devices shall be constructed so that a collection system can be installed to accumulate, temporarily store, permit detection of the presence of, and permit removal of any storm runoff or regulated substance. e. Containment devices shall include monitoring procedures or technology capable of detecting the presence of a regulated substance within 24 hours following a release. 3. Regulated Substance Monitoring Requirements for Existing Facilities a. The owners or operators of all existing facilities shall implement regulated substances monitoring as part of the Regulated Substances Management Plan required by Section 14 of this Ordinance. Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually monitor. b. All regulated substance monitoring activities shall include the following: 1. A written routine monitoring procedure which includes, when applicable: the frequency of performing the monitoring method, the methods and equipment to be used for performingthe monitoring, the locations(s) from which the monitoring will be performed, the name(s) or titles(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment, and the reporting format. 2. Written records of all monitoring performed shall be maintained on-site by the operator for a period of 3 years Aquifer Protection Oi " ance-FINAL January 30, 1992 Page 23 from the date the monitoring was performed. The Utility may require the submittal of the monitoring records or a summary at a frequency that the Utility may establish. The written records of all monitoring performed in the past 3 years shall be shown to the Utility upon demand during any site inspection. Monitoring records shall include but not be limited to: a. The date and time of all monitoring or sampling; b. Monitoring equipment calibration and maintenance records; c. The results of any visual observations; d. The results of ll sample analysis performed in the laboratory or in the field, including laboratory data sheets; e. The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test results; and f. The results of inventory readings and reconciliations. 3. Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually • monitor. SECTION 10: REGULATIONS WHICH APPLY WITHIN ZONE 2 OFANAPA - A. EXISTING FACILITIES The storage, handling, treatment, use or production of regulated substances at existing facilities shall be allowed within Zone 2 of an APA upon compliance with the provisions of this Ordinance. B. REVIEW OF PROPOSED ACTIVITIES 1. Section 9(B)(1, 5, and 6) of this Ordinance, which pertain to review of proposed facilities in Zone 1 of an APA, also apply to Zone 2 of an APA. 2. The conversion of heating systems to fuel oil or the installation of new fuel oil heating systems in Zone 2 of the APA after the effective date of this Ordinance is prohibited. 3. The following specific changes in land use and types of new facilities will be prohibited within Zone 2 of an APA: hazardous waste surface Aquifer Protection Ordinance-FINAL January 30, 1992 Page 24 impoundments; waste piles (as defined in WAC 173-303 and 304); recycling facilities that handle regulated substances; hazardous waste. treatment and storage facilities; solid waste landfills; transfer stations; septic systems; and petroleum product pipelines. C. WASTEWATER DISPOSAL REQUIREMENTS 1. Any construction of a single-family residence on an existing platted lot shall be required to connect to the public sanitary system if there is a gravity sewer with capacity within 330 feet of the property. Construction of a single-family residence on an existing platted lot shall be allowed on a septic system if gravity sanitary sewer is not available within 330 feet of the property provided that connection to the sanitary sewer shall be completed within twelve (12) months of the availability of the sewer line. The property owner will execute a temporary service agreement, to be recorded against the property, agreeing to this requirement. Evidence of this recorded document must be provided prior to issuance to the building permit. 2. All new platted, single-family, multifamily, and commercial developments shall be required to connect to a central sanitary sewer prior to occupancy as a condition of the building permit. 3. Existing units (residential and nonresidential) within 330 feet of an existing or future gravity sanitary sewer shall be required to connect within twelve (12)months of either the passage of this ordinance or the availability of the sewer. 4. Sanitary sewers shall be constructed in accordance with prevailing American Public Works Association (APWA) standards with respect to minimum allowable infiltration and exfiltration. D. PIPELINE REQUIREMENTS If the Utility has reason to believe that the operation or proposed operation of an existing pipeline in Zone 2 of an APA may degrade groundwater quality, the Utility may require: leakage testing in accordance with Section 9(D)(2) of this Ordinance; installation, sampling, and sample analysis of groundwater monitoring wells; repair of the pipeline to the satisfaction of the Utility such that degradation of groundwater quality is minimized or eliminated. Criteria for this determination is specified under Section 10(G)(2) of this ordinance. E. CONSTRUCTION ACTIVITY STANDARDS Standards to be followed for any construction activity which shall be undertaken within Zone 2 of an APA for any underlying permit issued for the project shall be as specified for Zone 1 of an APA in Section (9)(E) of this Ordinance. Aquifer Protection C Hance-FINAL January 30, 1992 Page 25 F. REQUIREMENTS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING AND NEW FACILITIES Permit requirements as part of any permit issued in Zone 2 of an APA shall be as specified for Zone 1 of an APA in Section(9)(F)(2 and 3) of this Ordinance. G. POTENTIAL TO DEGRADE GROUNDWATER 1. If the Utility determines that an existing or proposed facility located in Zone 2 of an APA has a potential to degrade groundwater quality which equals or exceeds that of a permitted facility in Zone 1, then the Utility may require that.facility to comply with Section 9 of this Ordinance. 2. Criteria used to make this determination shall include but not be limited to the present and past activities conducted at the facility; types and quantities of regulated substances stored, handled, treated, used or produced; the potential for the activities or regulated substances to degrade groundwater quality; history of spills at the site, and presence of contamination on site. 3. Such determinations shall be subject to appeal pursuant to Section 23 of this Ordinance. SECTION 11: REGULATIONS FOR EXISTING SOLID WASTE LANDFILLS A. The Utility shall have the authority to inspect and screen any excavated dirt, soil or other material prior to placement in a solid waste landfill if the material is suspected of containing contaminants at levels which may impact groundwater quality. The Utility may require the owner to conduct a sampling program to determine if contaminants are present in materials prior to landfilling. B. The Utility shall require an owner of a solid waste landfill to submit a groundwater monitoring program. The program shall include: 1. Number, locations and depths of monitoring wells to be installed; and 2. Monitoring well drilling and construction methods;.and 3. Groundwater sample collection, shipment and handling procedures, including the frequency of sampling; and 4. List of constituents to be analyzed, including test methods; and 5. Procedure for measuring groundwater elevation; and 6. A statistical procedure for determining whether a significant change over background has occurred; and Aquifer Protection Ordinance-FINAL January 30, 1992 Page 26 7. A procedure for regular reporting of monitoring results to the Utility. SECTION 12: AQUIFER PROTECTION AREA PERMITS A. No person, persons, corporation, or other legal entities shall install or operate a facility in an APA without first obtaining an Operating Permit from the Utility and a permit from the Department pursuant to the Uniform Fire Code, if required. B. The Utility shall not issue an Operating Permit for a facility unless adequate plans, specifications, test data, and/or other appropriate information has been submitted by the owner and/or operator showing that the proposed design and construction of the facility meets the intent and provisions of this Ordinance and will not! impact the short term, long term or cumulative quantity or quality of groundwater. C. No person, persons, corporation or other legal entity shall temporarily or permanently abandon a! facility in an APA without complying with the requirements of Section 17 Closure Permits and Permit Conditions of this Ordinance. D. No person, persons, corporation or other legal entity shall close a facility without first obtaining a Closure Permit to do so from the Utility. The Utility shall not issue a permit ito temporarily or permanently close a facility unless adequate plans and specifications and other appropriate information has been submitted by the applicant showing that the proposed closure meets the intent and provisions of this Ordinance. E. The application for Operating and Closure Permits pursuant to this Ordinance shall be made on a form provided by the City and shall be accompanied by the established fee, as described in Chapter 1, Title V, of Ordinance 4260. F. All permittees, before final issuance of an Operating Permit or a Closure Permit, shall execute a security agreement to the City of Renton in accordance with Chapter 2, Title V, of Ordinance No. 4260. SECTION 13: OPERATING PERMIT CONDITIONS Specific conditions for Operating Permits issued to facilities in Zones 1 and 2 of an APA are described in Sections 9 and 10 of this Ordinance, respectively. The following general conditions shall be included as part of any Operating permit issued pursuant to this Ordinance: A. The Operating Permit application shall include at a minimum: 1. A list of the names and volumes of all regulated substances which are stored, handled,{ treated, used, or produced at the facility being Aquifer Protection Ordinance-FINAL January 30, 1992 Page 27 permitted in quantities greater than the de minimis amounts specified in Section 6(2) of this Ordinance. 2. A list of the chemicals to be monitored through the analysis of groundwater samples if groundwater monitoring is anticipated to be required. 3. A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of regulated substances in quantities greater than the de minimis amounts specified in Section 6(2)of this Ordinance. 4. A description of the containment devices used to comply with the requirements of this Ordinance. 5. A proposed Regulated Substances Management Plan for the facility. 6. A description of the procedures for inspection and maintenance of containment devices. 7. A description of how regulated substances will be disposed. 8. A site map showing the location of the facility and its property boundaries and the locations where regulated substances in containers quantities greater than five (5) gallons or. twenty-five (25) pounds in size are stored, handled, treated, used, produced. The location of each containment device also should be identified on the site plan. B. Procedures for the in-house inspection and maintenance of containment devices and areas where regulated substances are stored, handled, treated, used, and produced shall'1be identified in the Operating permit for each facility. Such procedures shall be in writing, and a log shall be kept of all inspection and maintenance activities. Such logs shall be submitted to the Utility annually and shall be available for inspection. Inspection and maintenance logs shall be maintained on-site by the owner or operator for a period of at least 3 years from the date the monitoring was performed. C. The permittee shall report to the Utility within 15 days after any changes in a facility including: 1. The storage, handling, treatment, use, or processing of.new regulated substances; 2. Changesin monitoring procedures; or 3. The replacement or repair of any part of a facility that is related to the regulated substance(s). Aquifer Protection Orauiance-FINAL January 30, 1992 Page 28 D. The permittee shall report to the Utility any unauthorized release occurrence, within 24 hours of its detection, m accordance with Section 15 of this Ordinance. E. An Operating Permit, issued by the Utility, shall be effective for 1 year. The ,Utility shall not issue a permit tooperate a facility until the Utility determines that the facility complies with the provisions of these regulations. If an inspection of the facility reveals noncompliance, then the Utility must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit. The facility owner shall apply to the Utility for permit renewal at least 60 days prior to the expiration of the permit. F. Operating Permits may be transferred to a new facility owner/operator if the new facility owner does not change any conditions of the permit, the transfer is registered with the Uti'ity within 30 days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership. G. Within 30 days of receiving an inspection report from the Utility , the Operating Permit holder shall file with the Utility a plan and time schedule to implement any required modifications to the facility or to the monitoring plan needed to achieve compliance with the intent of this Ordinance or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Utility. SECTION 14: REGULATED SUBSTANCES MANAGEMENT PLAN A. A Regulated Substances Management Plan indicating procedures to be followed to prevent, control, collect, and dispose ofany unauthorized release of a regulated substance shall be required as a condition of each Operating Permit. If a Spill Prevention Control and Countermeasure (SPCC) plan has been prepared,in accordance with 40 CFR 264 or 265, a Regulated Substances Management Plan is not required as long as all of the regulated substances are included in the SPCC plan. B. The Regulated Substances Management Plan shall include: 1. Provisions to address the regulated substances monitoring requirements of Sections 9 and 10 of this Ordinance. 2. Provisions to address the pesticide, herbicide, fungicide, and fertilizer requirements of Section 7 of this Ordinance. • 3. Provisions to train employees in the prevention, identification, reporting, control, disposal, and documentation of any unauthorized release of a regulated substance. . Aquifer Protection Ordinance-FINAL January 30, 1992 Page 29 SECTION 15: GROUNDWATER MONITORING PLAN A. If a facility is required to install and monitor groundwater wells pursuant to Section 8(F)(1) then a Groundwater Monitoring Plan will be required. This plan must indicate procedures to be followed to assess groundwater quality for concentrations of those chemicals identified by the Utility in the Operating Permit. If a groundwater monitoring program is in effect per the requirements of 40 CFR 264 or 265, and this program includes all of the chemicals identified in the Operating Permit, then a separate Groundwater Monitoring Plan is not required by the Utility and the facility shall submit a copy of this program to the Utility. B. The Groundwater Monitoring Plan shall include provisions to address the groundwater monitoring requirements of Section 9(F)(1) and Section 16(D) of this Ordinance. SECTION 16UNAUTHORIZED RELEASES A. General Provisions All unauthorized releases shall be reported to the Utility according to the provisions of this subsection. All unauthorized releases shall be recorded in the owner's inspection and maintenance log. Such an unauthorized release shall be determined to bel an "unauthorized release requiring recording" if the release is completely captured by the containment device. If the containment device fails' to contain the entire release, the release shall be determined to be an "unauthorized release requiring reporting." B. Unauthorized Releases Requiring Recording 1. Unauthorized releases requiring recording shall be reported to the Utility within 3 days after the release has been, or should have been detected. 2. The incident report shall be accompanied by a written record including the following information: a. List of type, quantities, and concentration of regulated substances released. b. Method of cleanup. c. Method and location of disposal of the released regulated substances. d. Method of future release prevention or repair. If this involves a change in operation, monitoring, or management, the owner must apply for a new Operating Permit. Aquifer Protection Ordinance-FINAL January 30, 1992 Page 30 e. Facility operator's name and telephone number. f. The approximate costs for cleanup to be submitted voluntarily. 3. The Utility shall, review the information submitted pursuant to the report of an unauthorized release requiring recording, shall review the Operating Permit, and may inspect the facility. The Utility shall find that the containment standards of this ordinance can continue to be achieved, or the Utility shall revoke the permit until appropriate modifications are made to allow compliance with the standards. C. Unauthorized Releases Requiring Reporting 1. Unauthorized releases requiring reporting shall be reported to the Utility within 24 liours of the occurrence. 2. The report shall contain the following information that is known at the time of filing the report: a. List of type, quantity, and concentration of regulated substances released. b. The result's of all investigations completed at that time to determine 'the extent of soil or groundwater or surface water contamination because of the release. c. Method of cleanup implemented to date, proposed cleanup actions and approximate cost of actions taken to date. d. Method and location of disposal of the released regulated substance and any contaminated soils, groundwater, or surface water. e. Proposed method of repair or replacement of the containment device. f. Facility owner's name and telephone number. 3. Until cleanup is complete, as defined by the Model Toxics Control Act Cleanup Regulation (Chapter 173-340 WAC), the owner shall submit reports to the Utility every month or at a more frequent interval specified by the Utility. The reports shall include the information requested in this Ordinance. D. Semiannually, the Utility shall review all groundwater monitoring results submitted by owners in an APA to determine if an unauthorized release to groundwater has occurred. Either one of the following occurrences shall constitute an unauthorized release to groundwater: Aquifer Protection Ordinance-FINAL January 30, 1992 Page 31 1. A chemical concentration in an owner's monitoring well(s)that exceeds • applicable legally-enforceable federal or state groundwater quality standards. 2. An upward trend in the concentration of a chemical as determined by a statistically based procedure. E. Upon confirmation of ail unauthorized release to groundwater, the owner and/or operator shall be responsible for immediately accomplishing the following: • 1. Locate and determine the source of the unauthorized release of the regulated substance(s). 2. Stop and prevent any further unauthorized release(s), if under the control of the owner and/or operator. 3. Comply with the requirements for an unauthorized release(s) requiring reporting. F. The owner shall not be subject to this mandatory action if the owner can present acceptable technical data that substantiate it is not responsible for the violation. In complying with this subsection, no new regulated substance(s) may be introduced in the place of the regulated substance(s) that caused the violation. G. If an unauthorized release creates or is expected to create an emergency situation with respect to the drinking water supply of the City of Renton, and if the facility owner fails to address the unauthorized release in a timely manner, the Utility or its authorized agents shall have the authority to implement removal or remedial actions. Such actions may include, but not be limited to, the prevention of. further groundwater contamination; installation of groundwater monitoring wells; collection and laboratory testing of water, soil , and waste samples; and cleanup and disposal of regulated substances. The facility owner shall be responsible for any costs incurred by the Utility or its authorized agents in the conduct of such remedial actions. H. Reporting a release to the Utility does not exempt 'or preempt any other reporting requirements under federal, state, or local laws. Aquifer Protection Ordinance-FINAL January 30, 1992 Page 32 SECTION 17: CLOSURE PERMITS AND PERMIT CONDITIONS A. No person shall close or cause to be closed a facility regulated pursuant to this Ordinance without first obtaining a Closure Permit from the Utility and a permit from the Renton Fire Department pursuant to the Uniform Fire Code, if required. B. Closure Permits shall be required for all facilities that cease to store, handle, treat, use, or produce regulated substances for a period of more than 365 days or when the owner has no'intent within the next year to store, handle, treat, use, or produce regulated substances. During the period of time between cessation of regulated substance storage, handling, treatment, use, or production, and actual completion of facility closure, the applicable containment and monitoring requirements of this Ordinance shall continue to apply. C. Prior to closure, the facility owner shall submit to the•Utility a proposal describing how the owner intends to comply with closure requirements. Owners proposing to close a facility shall comply with the following requirements: 1. Regulated substarices shall be removed from the facility, including residual liquids, solids, or sludges to levels specified in 173-340 WAC, Model Toxic Control Act Cleanup Regulation. 2. When a containment device is to be disposed of, the owner must document to the Utility that proper disposal has been completed. 3. An owner of a containment device or any part of a containment device that is destined for reuse as scrap material shall identify this reuse to the Utility. D. The owner of a facility being closed shall demonstrate to the satisfaction of the Utility that no detectable unauthorized release has occurred or that unauthorized releases have been cleaned up (pursuant to the Model Toxics Control Act). This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or immediately after closure activities. E. If an unauthorized release is determined to have occurred, the.facility owner shall comply with Section 16 of this Ordinance. F. Facility closure will be accepted as complete by the Utility upon implementation of the Closure Permit conditions and compliance with all other provisions of this Ordinance. Aquifer Protection Ordinance-FINAL January 30, 1992 Page 33 SECTION 18: ENFORCEMENT A. The Utility shall be the administering agency and shall have the power and authority to administer and enforce the provisions of this Ordinance. The Utility shall have the right to conduct inspections of facilities at reasonable times to determine compliance with this Ordinance. Noncompliance with the provisions of this Ordinance is a violation. B. The Utility may revoke any permit issued pursuant to this Ordinance if it fords that the permit holder: 1. Has failed or refused to comply with any one of the provisions of this Ordinance; 2. Has submitted false or inaccurate information in the permit application; 3. Has failed to submit operational reports of other information required by this Ordinance; or 4. Has refused lawful inspection pursuant to this Section. I SECTION 19: NOTICE OF VIOLATION Whenever it is determined that!there is a violation of this Ordinance, the notice of violation issued shall: A. Be in writing; and B. Be dated and signed by the authorized City of Renton agent making the inspection; and C. Specify the violation or violations; and D. Specify the length of time available to correct the violation after receiving the notice of violation. SECTION 20: INJUNCTIVE RELIEF If any owner stores, handles, uses, or produces regulated substances without having obtained an Operating or Closure Permit as provided for herein or continues to operate in violation of the provisions of this Ordinance, then the City of Renton may file an action for injunctive relief in the Superior Court of the State of Washington for King County. All costs incurred for abatement by the City of Renton, including reasonable attorneys' fees, shall be paid by the owner operating without an Operating or Closure Permit or operating in violation of the provisions of this Ordinance or the permit. Aquifer Protection C lance-FINAL January 30, 1992 Page 34 SECTION 21: OTHER LAWS RULES, AND REGULATIONS All owners within an APA must also comply with county, state, and federal laws, rules, and regulations related to the intent of this Ordinance. SECTION 22: PENALTIES A. A violation of any of the provisions of this Ordinance shall constitute a misdemeanor and a nuisance. It shall be a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted. B. Any owner or operator who violates any provisions of this Ordinance shall be subject, upon conviction in court, to a fine not to exceed $500 per day per facility. C. In addition to any fines and penalties set forth above, the owner or operator shall reimburse the City of Renton, for all costs incurred as a result of respond- ing to, containing, cleaning up, or monitoring the cleaning up and disposal of any spilled or leaked regulated substance. SECTION 23: ADMINISTRATIVE RULE The Administrator shall adopt administrative rules for implementation that sets forth criteria relating to interpretation and enforcement of this Ordinance. SECTION 24: MODIFICATIONS,i WAIVERS,ALTERNATIVES, TESTS A. Modifications: Whenever there are practical difficulties involved in carrying out the provisions of this ordinnce, the Department Administrator may grant minor modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, and that the minor modification is in conformity with the intent and purpose of this Code, and that such modification: 1. Will meet the objectives of environmental protection, safety, function, and maintainability intended by the Code requirements, based upon sound engineering judgment; and 2. Will not be injurious to other property(s)in the vicinity; Aquifer Protection C lance-FINAL January 30, 1992 Page 35 B. Waivers: Requirements of this ordinance may be waived upon determination by the Department Administrator that all impacts of the aquifer would be mitigated and protective measures will meet or exceed the requirements of this ordinance. C. Alternates The provisions of this Code are not intended to prevent the use of any material or method of construction or aquifer protection not specifically prescribed by this Code, provided any alternate has been approved and its use authorized by the Department Administrator. The Department Administrator may approve any such alternate, provided s/he finds that the proposed design is satisfactory and complies with the provisions of this Code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in environmental protection, safety, and effectiveness. The Department Administrator shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be written and entered in the files of the,Code enforcement agency. D. Tests: Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that any action does not conform to the requirements of this Code, the Department Administrator may require tests as proof of compliance to be made at no expense to this jurisdiction. Test methods shall be as specified this Code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Department Administrator shall determine test procedures. SECTION 25: APPEALS A. Any decision of the City in the administration of this chapter, such as administrative determinations, modifications, may be appealed to the Hearing Examiner. Appeals may be filed pursuant to the process described in the Code of General Ordinances of City of Renton, Section 4-8-11. The Hearing Examiner shall give substantial weight to any discretionary decision of the City rendered pursuant to this Chapter. Any decision of the Hearing Examiner on variances may be appealed to Superior Court. Aquifer Protection C "dance-FINAL January 30, 1992 Page 36 B. The Hearing Examiner, in determining whether or not to grant a variance, shall consider the following factors: 1. If there is available a feasible and effective measure to protect the aquifer outside of his ordinance. 2. The extent of the problem being resolved by the ordinance. 3. The contribution of the land being regulated to the problem. 4. The degree to which the aquifer protection ordinance solves the problem presented by the proposal. • 5. The amount and percentage of value lost by application of the ordinance. 6. The quality of the aquifer to be impacted. 7. The extent of remaining uses for the parcel. 8. The past, present and future uses of the property. 9. The extent to which the landowner could predict the effects of this ordinance on the property. SECTION 26: AQUIFER PROTECTION VARIANCE PROCEDURES If an applicant feels that the Istrict application of this Chapter would deny all reasonable use of the property or would deny installation of public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public health, safety and welfare, th public agency, the applicant of a development proposal may apply for a Variance. An application for a Variance shall be filed with the Department Administrator. Requirements for a Variance include an environmental review/pursuant to (SEPA) Washington Administrative code 197-11-300 (SEPA). A Variance shall be decided by the Hearing Examiner based on the following standards set forth in this Section: A. The Hearing Examiner, in granting approval of a variance, must determine: 1. that the applicant suffers undue hardship and the variance is necessary. because of special circumstances applicable to the subject property, including the size, shape topography, location or surroundings of the subject property, and the strict application of the code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and other identical zone classification; and 2. that the granting of the variance will not be materially detrimental to the public welfare or injurious to the water supply aquifer; and Aquifer Protection C - fiance-FINAL January 30, 1992 Page 37 • a. that no economically viable alternative with less impact on the aquifer is physically and/or legally possible; and b. that there is no feasible on-site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to the aquifer; and c. that the proposed activities will not cause significant degradation of groundwater or surface-water quality; and d. that the applicant has taken deliberate measures to minimize aquifer impacts, including but not limited to the following: • limiting the degree or magnitude of the regulated substance and activity; and • limiting the implementation of the regulated substance and activity; and • using.appropriate and best available technology; and • taking affirmative steps to avoid or reduce impacts. e. that there' will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and f. that the inability to derive reasonable economic use of the property is not the result of actions by the applicant in creating an uneconomic business condition and use of the property after the effective date of this chapter. 3. that if government and quasi-government are granted a variance under this section, they will meet the following additional conditions: a. competing public policies have been evaluated and it has been determined by the Department Administration that the public's health, safety, and welfare is best served; b. each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies; c. each facility must serve established, identified public needs; and d. no practical alternative exists to meet the needs. Aquifer Protection e'nance-FINAL January 30, 1992 Page 38 4. that the approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose. 5. that in determining whether or not to grant a variance, the following factors have been considered: a. if there is an available, feasible, and effective measure to protect the aquifer outside of this ordinance; b. the extent of the problem being resolved by the ordinance; • c. the amount and percentage of value lost by application of the ordinance; d. the extent of remaining uses for the parcel; e. the past, present, and future uses of the property; and f. the extent!to which the landowner could predict the effects of this ordinance on the property. B. The Hearing Examiner may prescribe any conditions upon the variance deemed to be reasonably necessary and required to mitigate aquifer impacts. Any variance granted by ithe Hearing Examiner, unless otherwise specified in writing, shall become null and void in the event that the applicant or owner of the subject property for which a variance has been requested has failed to commence construction or otherwise implement effectively the variance granted within a period of two (2) years after such a variance has been issued. For proper cause shown, an applicant may petition the Hearing Examiner during the variance procedure, for an extension of the two (2) year period, specifying the reasons therefor. The time may be extended but not exceed one additional year in any event. Any variance granted by the Hearing Examiner shall expire pursuant to the provisions of Chapter 8, Title IV of the RMC. • Aquifer Protection C nance-FINAL January 30, 1992 Page 39 SECTION 27: EFFECTIVE DATE - The effective date of this ordinance shall be 30 days after its enactment. SECTION 28: SEVERABILITY If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. PASSED BY THE CITY COUNCIL this day of • , 1991. Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of , 1991. Earl H. Clymer, Mayor Approved as to form: Lawrence J2 Warren City Attorney Date of Publication: FINALAPO.DOC I . Aquifer Protection( Hance-FINAL January 30, 1992 Page 40 EXHIBIT 1 Generic Substances List Acid and basic cleaning solutions • Antifreeze and coolants Arsenic and arsenic compounds Battery acid *Bleaches, peroxides Brake and transmission fluids *Brine solution Casting and foundry chemicals Caulking agents and sealants Cleaning solvents 'Cooling water(not isolated from process chemicals) Corrosion and rust prevention solutions Cutting fluids Degreasing solvents . *Deicing materials Disinfectants 'Dyes Electroplating solutions Engraving solutions Etching solutions Explosives • 'Fertilizers Fire extinguishing chemicals Food processing wastes Formaldehyde Fuels and additives *Glues, adhesives, and resins Greases Hydraulic fluid Indicators Industrial and commercial janitorial supplies Industrial sludges and stillbottoms Inks, printing, and photocopying chemicals Laboratory chemicals Liquid storage batteries Medical, pharmaceutical, dental, veterinary, and hospital solutions Aquifer Protection C,rumance-FINAL January 30, 1992 Page 41 Metal dusts Mercury and mercury compounds Metals finishing solutions Oils *Paints, pigments, primers, thinners, dyes, stains, wood preservatives, varnishing, and Cleaning compounds Painting solvents PCBs `Pesticides and herbicides Plastic resins, plasticizers, and catalysts Photo development chemicals Poisons Polishes Pool chemicals Processed dust and particulates Radioactive sources *Reagents and standards Refrigerants Roofing chemicals and sealers 'Sanitizers, disinfectants, bactericides, and algaecides *Soaps, detergents, and surfactants Solders and fluxes Stripping compounds Tanning industry chemicals Transformer and capacitor oils/fluids Water and wastewater treatment chemicals Wastewater treatment sludges *Where regulated substances are dissolved in or mixed with other non-regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this ordinance. Aquifer Protection ( nance-FINAL January 30, 1992 Page 42 LEGAL DESCRIPTION OF ZONE 1 WELL FIELD AQUIFER PROTECTION AREA (APA)IN THE CITY OF RENTON(KING COUNTY),WA Descriptions are based on information from the King County assessor maps. The APA Zone 1 boundary line is within the Zone 2 APA boundary and matches a portion of the westerly Zone 2 boundary line from Point 37 through Point 49 (see legal description of Zone 2 APA boundary). The description of the Zone 1 boundary line starting at Point No. 37 at the northerly side of the Zone 1 area, and ending at Point 49 at the southerly side of the Zone 1 area is as follows: Beginning at the intersection of the north section line of Section 17, Township 23 North, Range 5 East, of the W.M. and the centerline of Garden Avenue N., 37 Thence easterly along said section line approximately 1,350 feet to the intersection with the centerline of N. 3rd Place, 100 Thence southeasterly along the said road centerline approximaely 730 feet to the intersection with the centerline of N.E. 3rd Street, 101 Thence east-southeasterly along said road centerline approximately 1,100 feet to the intersection with the centerline of Monterey Drive N.E., 102 Thence southerly and thence easterly along said road centerline approximately 1,400 feet to the intersection with the east 1/4, 1/4 section line of the southwest 1/4 of the northeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M. 103 1 . Thence southerly along said 1/4, 1/4 section line approximately 380 feet to the intersection of the north 1/4 section line of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W iM., 104 Thence easterly along said 1/4 section line approximately 1,320 feet to the northeast corner of the southeast 1/4 section of Section 17, Township 23 North, Range 5 East, of the W.M., 105 Thence easterly along the north 1/4 section line of the southwest 1/4 of Section 16, Township 23 North, Range 5 East, of the W.M. Approximately 1,990 feet to the centerline of the northeast 1/4 of the southwest 1/4 of the said section, 106 Thence southerly along said centerline and the prolongation of said line approximately 2,200 feet to the intersection with the centerline of the Burlington Northern Railroad right-of-way, 107 Thence westerly along said railroad centerline approximately 3,480 feet to the intersection with the east 1/4, 1/4 section line of the southwest 1/4 of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 108 Aquifer Protection C7rdinance-FINAL January 30, 1992 Page 43 Thence southerly along said 1/4, 1/4 section line approximately 1,070 feet to the intersection with the south section line of Section 17, Township 23 North, Range 5 East, of the W.M., 109 Thence westerly along said section line approximately 1,330 feet to the intersection with the west 1/4 section line of.ihe southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 110 Thence northerly along said 1/4 section line approximately 1,320 feet to the intersection with the established line N. LN. H.H. Tobin D.C. #37, 111 Thence westerly along said established line approximately 594 feet to an established angle point, 112 Thence northerly along said established line approximately 1,000 feet to the intersection with the centerline of the Burlington Northern Railroad right-of-way, 113 Thence westerly along said railroad right-of-way approximately 450 feet to the intersection with the centerline of the Prim. State Hwy. No. 1 right-of-way, 114 Thence southwesterly along said right-of-waycenterline to the intersection with the centerline of S. 4th Street. 49 For continuation of the Zone 1 APA boundary ftom Points 49 through 37 see the legal description between said points for the Zone 2 APA boundary. • I Aquifer Protection Ordinance-FINAL January 30, 1992 Page 44 LEGAL DESCRIPTION OF ZONE 2 WELL FIELD AQUIFER PROTECTION AREA (APA)IN THE CITY OF RENTON(KING COUNTY),WA Descriptions are based on information from the King County Assessor maps. The APA boundary line joins the City of Renton existing corporate limits line at the northerly and southerly sides of the APA Zone 2 area. The easterly APA boundary line is the existing City of Renton corporate limits line. The westerly APA boundary line is described as follows: Beginning at the northeast corner of the southeast 1/4 of Section 32, Township 24 North, Range 5 East, of the W.M., which is at the intersection of S.E. 88th Street and 116th Avenue S.E. point of beginning Thence westerly along the north 1/4 section line approximately 1180 feet to the intersection with the current City of Renton Corporate Limits Line, 1 (Start of Zone 2 Legal description boundary) Thence westerly along said 1/4 section line approximately 1440 feet to the northwest corner of the southeast 1/4 of Section 32, Township 24 North, Range 5 East, of the W.M., 2 Thence southerly along centerline of said section approximately 670 feet to the intersection with the easterly prolongation of the centerline of S.E. 90th Street, 3 Thence westerly along said prolongation line approximately 600 feet to the intersection of S.E. 90th Street and 106th Avenue S.E., 4 Thence southerly approximately 660 feet to the intersection of 106th Avenue S.E. and S.E. 92nd Street, 5 Thence westerly approximately 680 feet to the intersection of S.E. 92nd Street and 104th Avenue S.E., 6 Thence southerly approximately 650 feet to the intersection of 104th Avenue S.E. and S.E. 94th Street, 7 Thence westerly approximately 1290 feet to the intersection of S.E. 94th Street and 100th Avenue S.E., 8 Thence southerly approximately 690 feet to the intersection of 100th Avenue S.E. and S.E. 96th Street, which is the,Northwest corner of Section 5, Township 23 North, Range 5 East, of the W.M., 9 Thence southerly along the west line'of said section approximately 410 feet to the intersection with a survey traverse line within the Northern Pacific Railroad Right-of- Way, 10 Thence S 45-20-57 E., 896.84 feet along said traverse line to an angle point, 10A • Aquifer Protection Ordinance-FINAL January 30, 1992 Page 45 Thence S 18-37-12E, 3331.10 feet along same said traverse line to an angle point, 10B Thence S 6-07-12 W, 768.72 feet along said traverse line where it intersects with the south 1/4 section line of the Southwest 1/4 section of Section 5, Township 23 North, Range 5 East of the W.M., 11 Thence easterly approximately 894 feet to the southeast corner of said 1/4 section, which is also the intersection of 108th Avenue S.E. and N.E. 12th Street, 12 Thence easterly approximately 1320 feet to the intersection of N.E. 12th Street and 112th Avenue S.E. (Aberdeen Avenue N.E.), 13 Thence southerly along Aberdeen Avenue N.E. approximately 610 feet to the centerline of N.E. Park Drive, 14 Thence easterly along N.E. Park Drive approximately 1540 feet to the intersection of Edmonds Avenue N.E., 14a Thence southeasterly along N.E. Park Drive, approximately 610 feet to the intersection of the.east-west 1/4 section centerline of the Northwest 1/4 section of Section 9, Township 23 North, Range 5 East, of the W.M., 15 Thence easterly along said 1/4 section centerline approximately 2190 feet to the intersection of the North-South centerline of Section 9, Township 23 North, Range 5 East of the W.M. (Monroe Avenue N.E.), 16 Thence southerly along said section centerline (Monroe Avenue N.E.) approximately 330 feet to the intersection of Monroe Avenue N.E. and N.E. 10th Street, 17 Thence easterly along N.E. 10th Street approximately 660 feet to the intersection of N.E. 10th Street and Olympia Avenue N.E., 18 Thence southerly along said road centerline approximately 250 feet to the intersection with the centerline of N.E. 9th Street, 19 Thence easterly along said road centerline approximately 260 feet to the intersection with the centerline of Pierce Avenue N.E., 20 Thence southerly along said road centerline approximately 620 feet to the intersection with the centerline of N.E. 8th Street, 21 Thence easterly along said road centerline approximately 400 feet to the intersection with the centerline of Queen Avenue N.E., 22 Thence southerly along said road centerline approximately 470 feet to the intersection with the centerline of N.E. 7th Street, 23 Thence easterly along said road centerline approximately 160 feet to the intersection with the centerline of Redmond Avenue N.E., 24 Aquifer Protection GI nance-FINAL January 30, 1992 Page 46 Thence southeasterly and then southerly along said road centerline approximately 740 feet to the intersection with the centerline of N.E. 6th Place, 25 Thence westerly along said road icenterline approximately 260 feet to the intersection with the centerline of_Queen Avenue N.E., 26 Thence southerly along said road centerline approximately 260 feet to the intersection with the centerline of N.E. 6th Street, 27 Thence westerly along said road'centerline approximately 1,320 feet to the intersection with the centerline of Monroe Avenue N.E., 28 Thence southerly along said road centerline approximately 500 feet to the intersection with the centerline of N.E. 5th St., 29 Thence westerly along said road!centerline approximately 320 feet to the intersection with the centerline of"L" Street, 30 Thence southerly and then westerly along said road centerline approximately 1,000 feet to the intersection with the centerline of Jefferson Avenue N.E., 31 Thence southerly along said road centerline approximately 260 feet to the intersection with the centerline of N.E. 4th Street and the south section line of Section 9, Township 23 North, Range 5 East, of the W.M., 32 Thence westerly along said section line approximately 1,660 feet to the intersection with the centerline of Edmonds Avenue N.E. and the southwest corner of Section 9, Township 23 North, Range 5 East, of the W.M., 33 Thence westerly along the south section line of Section 8, Township 23 North, Range 5 East, of the W.M. approximately 700 feet to the intersection with the easterly right- of-way line of the Puget Sound Power&Light Co. transmission line right-of-way, 34 Thence northwesterly along said right-of-way line approximately 1450 feet to the intersection with the north line of the south 30 feet of the north half of the southeast quarter of Section 8, Township 23 North, Range 5 East, W.M., 35 Thence westerly, along said north line, approximately.900.00 feet; 35A Thence southerly at right angles to the previous mentioned course, approximately 496 feet to the intersection with the southwesterly margin of the Burlington Northern Spur Line; 36 Thence southwesterly approximately 1347 feet to the intersection of the centerline of N. 4th Street with the centerline of vacated Meadow Street; 37 Thence westerly along the centerline of said N. 4th Street approximately 282 feet to the intersection with the centerline of Garden Avenue N.; 37A Aquifer Protection Ordinance-FINAL January 30, 1992 Page 47 Thence westerly along said road centerline approximately 730 feet to the intersection with the centerline of Pelly Avenue N., 38 Thence southerly along said road centerline approximately 670 feet, to the intersection with the centerline of N. 3rd Street, 39 Thence westerly along said road centerline approximately 270 feet to the intersection with the centerline of Wells Avenue N., 40 Thence northwesterly along N. 3rd Street centerline approximately 370 feet to the intersection with the centerline of Williams Avenue N., 41 Thence southerly along said road centerline approximately 620 feet to the intersection with the centerline of N. 1st Street, 42 Thence northwesterly along said road centerline approximately 20 feet to the intersection with the centerline of Williams Avenue N., 43 Thence southwesterly along said road centerline approximately 470 feet to the intersection with the southwesterly right-of-way line of the Cedar River waterway, 44 Thence southerly along Williams Ave. approximately 1040 ft. to the intersection with the centerline of S. 2nd Street, 45 Thence southerly along Williams Ave. approximately 560 feet to the intersection with the centerline of S. 3rd Street, 46 Thence easterly along said road centerline approximately 600 feet to the intersection with the centerline of Main Avenue S., 47 Thence southerly along said road centerline approximately 560 feet to the intersection with the centerline of S. 4th Street, 48 Thence easterly along said road centerline approximately 190 feet to the intersection with the centerline of the Prim. State Hwy. No. 1 right-of-way, 49 Thence easterly along S. 4th Street centerline approximately 480 feet to the intersection of the centerline of the Cedar River pipe line right-of-way, 50 Thence southeasterly along said right-of-way approximately 1950 feet to the intersection with the south section line of Section 17, Township 23 North, Range 5 Fast, of the W.M., 51 Aquifer Protection l mance-FINAL January 30, 1992 Page 48 Thence southeasterly along said right-of-way approximately 3,900 feet to the intersection with the east section line of Section 20, Township 23 North, Range 5 East, of the W.M., 52 Thence southerly along said section line approximately 2,370 feet to the southeast corner of Section 20, Township 23 North, Range 5 East, of the W.M., 53 Thence westerly along the south'section line of said section approximately 720 feet to the intersection with the centerline of 114th Avenue S.E. and the end of the westerly APA boundary. 54 1 EXHIBIT 3 ::::::::::::::::::::::::::t_ / .N LA___ BOREN �. ___ _=___=___ = 4,' 1 tT1 OF R tal TON =_--_= 1 I •-• Et gPROTECT- ON AREAS -15 -- ,....„....: 1 ,., 7c, % C�eelc ��� J _= -.......................:L.--� 110'4 N -:.-:-:-:-:-:-.:-:::_ifi-XT:I.:.6.1-.Eii:. .:-:iiiT1-.0.ar:iiie. ......... . ... _ __ I ___:_:._:_:_:_:_=_:._:•:_:_: .::i..i..i:1:: , -:r: APA Ezio.:ii!:.f..i.:F:r:!-:-..f..1-: .:.:.:.:.:.:.:.:..,..:.:.,.. .:.:.:.:.:.:.:.:.:.:.:.: .:..................... ..... ................. ............... ........ .. ••••••••••••• ........ . ... ............ _________________:_:_.___:_ • :„?.i:i...::, :,:,.:.:.......:......... ........ __. ... ........,-:aiiaa:x:i-: • ••••• •••••••• • ••• •••••••••••• ..:..:.:.:•:•:• ••:•:•,.:•:•.•:••:••:.:.:. ..,...:.:.:.:.:.:.:.:.:.,... ::_:._:_:•:_:•:_:__:_:_:__....-_s. :1:,:,:i:: :::i1:0:i..i:i:i:i:i:i: ...i..1:1.:50-,-..i:ai:i:i:,:ii:i:i:i:,1:1:i:,:::::,: ..,..:.:.:.:.:. ..:.:.:.:.:.:.:.:..:..:.:.:. ..:.:.:.:.:...:.:.:.:.:...... ::,::E:i:!".i:: ::::i:i:::!::E:::".i::. ::: ::::E:i:::i..*i:i: :::': rter %Or NOM ::::: ::: : :::: :::. ,kill" .•". ..• "" f :.::........:.:.: :.::.:.......:.:.:.:....:..... ... . .........jnl.._. ,,, ,,,,,,,. ., ..;..>:.�:.:.>:.:::.�: :.:.::.�:• CEMETERY RD"<= �'> - -iTfr4,1,te,e../,..i: ' o � NE ar � : . .. ..OFsoa s 9F q� 1:::[.111V,111:-.1TRI1111fliii;.:::.!!!...................._ .F: ae� : >fi.c• li ......„„,,, • APA ZONE 2 1\ "---------"•—•"•"----""- Or' _ .... .... • . ,. -_;-‘. _\ ill .1t1L ' eSiS EMS -kost, , . //..‘ellia0 P/j/P!f Techni a1 Services. J 0 000 6000 27 January 19 I �.� '4[4.1 1 bent T. Mac • • e. Jr. '-, 1 : : 6,000 ____ --J J ® i • EXHIBIT . . . .. . . . . . . . . . „ • • • . . . . . .,, . . 11, • , . i . . ' • .. . . a1 RI( - '----- e BELLEVUE 11 L --Ili:time =00 '71-\\TA 1AQUIFER PROTECTION - --33A-,- -sewssec&t:_wAw 111 ISSAQUAH AREA ZONES • : ifl:! MERCER ISLAND J Win- :=--= / /kJ 11111111Mass.- • .. - r.y.::-c wait j; • .....'\ .amigf:R•Rifffse:Kgsfarc-,,,- Ailge W' , '-'•-"'”'"IfAgegatimfift,_ AffiggElz,.. . / $ • c) *11331:0 --t-,----._...„,,,,,_-_-,:,....-_-,--_ .... •-,_,-_-_,_-- „„ Lakes es cl. i' Kr.4 4.1;,•;: • .."'"4'4'0 APA Zone 1 'SEA s,A4 • "' - . ,.,,,,,...,,,,--- "-:\1 '04111111k1A e ;,:±.:::±;::::::::: 1 ,-.---. ................... ... - . [:.:.::-..:. :-:,:.- APA Zone 2 q. A ... .:A•....>_;;;>>>ete>14>xv>......r.:4051,... NS:7,.., _ Ql- -•••-•- 'it, 'c._ VT'S2L1V '.. ' s'.• '':133::ini: :::i: ..fi. \.. - : -' :7 `6`+'''''''ss" E. :,•-,•- ,:.,-.•-:........-.---: =If*: , streams ..T. 1 . --,- .5.. ----N...4MY; -'. :,-,/'' .......,..,....,...„, ..,,. ,:gr.: --"Wft_r/ PiNIN, iiiiiirAl in -..:. ifir*."1115;...i-is. I . ilim„ 1,-„,. — Righways • I \<6414 I ° A ifiltP4111V- . Main. Roads T _.„..... .. . :':.---1-:iiiiiliiiiiliilE --. .... CEMETERY RD --.--- Municipal Boundaries . -\0„..114 .4) /4*.• it— SL-1/IMP 7.744:iiiiiiiiMiliiialiiiii EFEigiiliiiiii:s (rili, lippilimiorair:110111MW LAZE KATHLEEN , —.------' Sphere of Influence Boundary • illimi •.:_:.... -.470-....44:.%-1-N1111:211J" '"' • .7.. . A. . %,...::::::.::::*:.1:P.:• --- ... -t, N _,...411111111111111111ri!,t! II\ .W : s - : . 11\1°'%' \,,..._ VIO- -- ------%,Afik.., •---- . . s ,4A,LE VALLEY RD •. ( ' :// FA p,,,,,.... ,,,:p „ . • I . se , , • Pekot, UK!DESIRE A- )4), . V — i r' x I 14 t. . . > < /ea ' '. SPRING LAKE . , . 4 .\111410.- . .....:.......:•_. :i:ii:i:: :i*:::::::::i::::::.:::::::::.: ,......,......, i .• • 0 6000 12000 ,- , ..•,. CDSHADY LAKE cc -' -N•••N-'g-twft.•kf- KENT . ANTHER LAKE sgrafaigr- .0.002111.00•14,4-7.4 1 :72000 lOmm4.1.al-Aa.9 -,.*.v3s,•• k-tr,--4-.7. • ) . r . . ,..__.4....**4_ .._ maty w___:,....:___;:_:::;____:_ • -Kik..›.-- LAKE YOUNGS 11111':\ UTILITY SYSTEMS , It- P/B/PW Technical Services 7,54- _.r 28 January 1992 / Robert T. Mao Onie, Jr. Source: R112 Engineers 1/21/92 • . . _ • • . - - • • •• • Aquifer Protection Ordinance-FINAL January 30, 1992 Page 49 EXHIBIT 4 Table 1 PIPELINE MATERIAL REQUIREMENTS PIPE DIAMETER CONSIDERATIONS PIPE MATERIAL <4 4-8 10-12 14-20 24-30 36-54 SUGGESTED MATERIAL SPEC (See Table 2) Ductile Iron,Rubber Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AIWA C151,C104 a b c d n o p r Polyethylene-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151 a b c d n o p r Ductile Iron,Nitrile Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151,C104 b c d i n o p r Polyethylene-Lined 1,2,3 1,2,3 1,2,3 .1,2,3 1,2,3 AWWA C151 b c d e i n o p r - -- PVC,Rubber Gasket Joints ___ ._-_ -_- - -------------------------------------- Blue Brute Cl 150 or 200 1,2 1,2 AW WA C900 a b j i n o p r t PVC,Nitrile Gasket Joints Blue Brute Cl 150 or 200 1,2,3 1,2,3 AWWA C900 b i j l n o p r t PVC,Solvent Welded Joints Sch 80 2,3 1,2,3 1,2,3 ASTM D1784,D1785 h j k l n o p r t Welded Steel,Rubber Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C205 a b f g h n o p r Dielectric-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C210 a b f g h n o p r Welded Steel,Welded Joints Cement Mortar-Lined 1,2 1,2 AWWA C200,C205 f g h n o p r Dielectric-Lined 1,2,3 1,2,3 AWWA C200,C210 f g h n o p r High Density Polyethylene Pipe 1 1 1 1 1 ASTM D1248 and D3350 h k p q u Corrugated High Density Polyethylene 1 1 1 1 1 ASTM D1248 and AASHTO k p g s u Pipe-Smooth Interior Insituform Liner 4,5 4,5 4,5 4,5 4,5 ASTM D638 _ m n o p q r PIPELINE SERVICE 1. Storm Sewer 2. Sanitary Sewer and Side Sewer 3. Leachate Pipeline 4. Rehab Existing Storm Sewer 5. Rehab Existing Sanitary Sewer 92-026.DOC/LLH/bh • Aquifer Protection Ordinance-rINAL • January,30, 1992 Page 50 • EXHIBIT 4 • Table 2 CONSIDERATIONS,ON SELECTION OF PIPE MATERIALS `e> o ow.::...:;consitfei aeons are use : :::co y'unct of :with Table ::for tet*tative select'on<... ..... .:..:.:::::::: :materialsis Other» ater als:: :t".:. .>sunilat' 'er ormance::standards:t r:develo ..ed;:as the:::re�,sult::of:ne�cu:<::.: a. Rubber gaskets may be severely damaged by petroleum products, particularly in prolonged exposures to concentrated flows containing little or no storm water or sanitary sewage. In cases where heavy concentrations of petroleum products may be experienced, nitrile (Nitrile- Butadiene; ie, NBR)gaskets should be used. b. Gasketed joints may not be leak-proof at zero or low pressures, if improperly installed. c. Mechanical joints may be less likely to leak at low pressures than push-on joints. d. May need protective coatings and/or cathodic protection against external corrosion. e. Considered most reliable gasket and lining material for ductile iron leachate pipeline. f. Very difficult to repair linings on inside of joints in pipe smaller than 24-inch diameter." g. Almost always needs protective coatings and cathodic protection against external corrosion. h. Properly made joints are considered leak-proof. i. Nitrile gaskets may require long delivery time. j. Requires special attention to bedding and backfill depth to avoid structural failure of pipe. k. Large thermal expansion coefficient. May need to limit solvent welded joints to 4-inch and smaller pipe. May require careful evaluation of pipe installation temperature and temperature of piped liquids to ensure joint integrity. 1. Pipe not available over 12-inch diameter. • m. Insituform lining is available in 6-inch through 60-inch diameter for almost any pressure, if sufficient pipe cross-sectional area is available. • n. Pressure grouts and gels are not acceptable for rehabilitation or patching of storm and sanitary sewers. o. Suitability of pipe lining and gasket material to resist chemical attack by conveyed fluids must be determined for each pipeline service considered. p. All storm and sanitary sewer manholes, catch basins, and inlets should be equipped with precast concrete bottom and sidewalls with rubber gasketed joints between sections, water- tight epoxy grout pipe entrances through walls, and bitumastic coating of all interior floor and wall surfaces. Manholes, catch basins, and inlets should have no leakage when hydrostatically tested at atmospheric pressure. q. Has good resistance to a number of chemicals, petroleum products, and hydrogen sulfide • corrosion. 92-026.DOC/LLH/bh Aquifer Protection Ordinance-FINAL January 30, 1992 . Page 51 EXHIBIT 4 Table 2 CONSIDERATIONSON SELECTION OF PIPE MATERIALS r. "Zero leakage" test requirement maybe impossible to achieve under the best conditions for any pipe materials because trapped air may distort test results, even in a drop-tight pipe. Pressure and leakage test requirements should consider whether the pipe has steel slope or will stand full of liquid. Pipelines should be tested with the intent to prevent or minimize leakage. Air testing should not be allowed; hydrostatic testing should be as stringent as any found in the industry. Pipe materials, without regard for chemical attack, corrosion, or puncture, are generally ranked as follows, in decreasing order of liquid-tight reliability: • welded steel with welded joints • PVC with solvent welded joints • Insituform liner • ductile iron with viton or rubber gaskets • welded steel with rubber gasketed joints • PVC with viton or rubber gasketed joints s. Joints should consist of"heat-shrink"wrap, standard corrugated coupling, and full pipe band clamps. I • t. The use of PVC may be restricted by other Utility policy in regards to depth of pipe cover. u. HDPE may be adversely affected by solvents; its use is not recommended where contact with solvents may occur. 92-026.DOC/LLH/bh F ' CITY OF RENTON NOTICE OF PUBLIC HEARING BY • RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 10th day of February, 1992, at 7:30 .p.m.. in the Council Chambers of the Renton. Municipal_Building, 200 Mill Avenue South, Renton, Washington, as the time and place for a public hearing to consider the following: Aquifer Protection Ordinance Any and all interested persons are invited to be present to voice approval, disapproval, or opinions on this matter. CITY OF RENTON 4111./ Marilyn J.f'Wrsen, CMC City Clerk DATE OF PUBLICATION: January 31, 1992 Valley Daily News Acct. No. 50640 UJi V.L• _ Acq(x+ r FILED FOR.RECORD AT REQUEST;OF THIS DAY >ik X052' �S'8 OFFICE OF THE CITY CLERK RENTON MUNICIPAL BLDG. . c1TY OF RENTON 200 MILL AVE. SO. RECEIVED RENTON;WA 98055 .. J��i Z+� os PF! 9y� APR 0 1991 BY r r-rC DIV �F , .,. f, I��_.:1 ,,(i:� c� :; ... , DEVELOPA�§EP!'fSE5iV3CES hlfh't,l t r j } J_,'I(_?4r.'; DIVISION AGREEIZNT TO COMPLY WITH AQUIFER PROTECTION ORDINANCE THE UNDERSIGNED owner of the real property legally described in Exhibit A attached hereto and incorporated by reference (the "property") does hereby state and agree that all future tenants and users within the proposed development to be built on the property shall satisfy the terms and conditions of any properly enacted Aquifer Protection Ordinance which may be. applicable- to certain specific uses. C�8 . CA. If any future Aquifer Protection Ordinance so requires, all r-1 future tenants or users within the property dohereby agree to obtain proper operating permits as shall be required by such ordinance. This agreement shall run with the property and shall be binding upon all future owners, successors., assigns and all tenants and users of the property. The undersigned states and warrants that they are the fee simple owners of the property and are properly authorized to place this r, x3 :a µ. restriction on the future use of the property. Dmmc► �n 13-• DATED this '2 day of M Af�1 _ , 1991. -n � +.nm n, rm -n . .1&.461 • I CRA 1RIE S EJT-ON cn * i'WN I i* A -.4 � cn / �� (fool r,n(s IID,((_cy cu+ Q3/01/91 16:U5 IA1 .:Ub 464 1i16 ti STATE OF WASHINGTON ) ) ss COUNTY OF RING ) On this day ,personally appeared before me CRAIG JOHNSON and SHAWN UNDERWOOD, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged to me that they signed and sealed said instrument as a free and voluntary act and deed for the uses and purposes therein mentioned. of �IVEN under my hand and official seal this day ��i�/�— r 1991. AdOP 416. �I' NOT' PUBLIC, i7 and for e State of `gSION,e)i�, �0®® Washington, residing at <v �� �4)<61/ O ®r My commission expires 76 �(-lV QI \OTARPBaa PUBLICS ,'it elD't II it V.4 OtIv000, SMR4/nelson EXHIBIT A • The Property referred to in this Aquifer Protection Agreement 'is situated in the State of Washington, County of King and is described as follows : - Lot 2 of City of Renton Short Plat No, 052-88, Recorded under King County Recording No. 9004199002, Records of King County, Washington. ri C Cr) • CITY OF RENTo "- RECEIVED APR 3 0 ' Y, 1 DEVELOPME:A ". VacES I, I ' i RENTON CITY COUNCIL puBLIc HEARING • ON FEBRUARY 10, 1992 AT • 7:30 P. M. RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS 200 MILL AVENUE SOUTH AQUIFER PROTECTION ORDINANCE ANY AND ALL INTERESTED PERSONS ARE INVITED TO BE PRESENT TO VOICE APPROVAL, DISAPPROVAL, OR OPINIONS ON THIS MATTER. • • CERTIFICATION STATE OF WASH;INGTON)ss. COUNTY OF KING ) . . I -Pct--t' iEj a- 0 boll e L J HEREBY CERTIFY THAT oZ to COPIES OF THE ABOVE NOTICE WERE POSTED BY ME IN THREE OR MORE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED AND TWO COPIES WERE POSTED AT THE RENTON MUNICIPAL BUILDING, 200 MILL AVENUE S. , RENTON, WA ON DATE OF I - 3 ( - �2- • • SUBSC' 1:4,p,AND Sim RN TO BE ORB ME ' J��' 1I27 SIGNED / i?v)—(_,ae o‘ �i rand or the,SWte of Washington, residing at 7 . c I CITY OF RENTON NOTICE OF PUBLIC HEARING BY RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 10th day of February, 1992, at 7:30 p.m. in the Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton, Washington, as the time and place for a public hearing to consider the following: Aquifer Protection r n QO d in ace Any and all interested persons are invited to be present to voice approval, disapproval, or opinions on this matter. CITY OF RENTON d12-7/ ' Ate , Marilyn J. frrrsen, CMC City Clerk DATE OF PUBLICATION: January 31, 1992 Valley Daily News Acct. No. 50640 SII cc: Parties of Record I ' 40'Rentals A and Hi Drugs A-1 Vacuum and Locksmith 1100 Bronson Way.N. 2820 N.E.Sunset By. 205 Sunset By.N. RentonWA98055 RentonWA98056 RentonWA98055 ABS Business Forms&Printing Albertson's All Care 215 Park N 4621 N.E Sunset By. 148 Park N. RentonWA98055 RentonWA98056 RentonWA98055 American Auto Painting&Body Repair American Chiropractic Clinic Arco AM/PM 310 N.3rd 3196 N.E.Sunset By. 1537 Duvall N.E. RentonWA98055 RentonWA98056 RentonWA98056 • Arco Am/Pm Arco AM/PM Arco AM/PM 2900 N.E.3rd 3123 N.E Sunset By. 4615 N.E.4th RentonWA98056 RentonWA98056 RentonWA98056 Arnold's Market Autobahn Beacon Machine Inc. 314 Park N. 3560 N.E 4th 3534 N.E 4th RentonWA98055 RentonWA98056 RentonWA98056 Bill and John's Food center BJ Auto, .Bon Ton Pet Shop 2439 Maple Valley Hy. 4233 N.E.Sunset By. 1222 Bronson Way.N. RentonWA98058 RentonWlA98056 RentonWA98055 • BP Service Station BP Service Station Brownies Lawn Shop 3002 N.E Sunset By. 4105 N.E 4th 1305 N.30th RentonWA98056 RentonWA98056 RentonWA98056 Bryant Motors Busy Bee Cleaners Cedar River Animal Hospital 1300 Bronson Way N. 3164 N.E.Sunset By. 3770 N.E 4th RentonWA98055 RentonWA98056 RentonWA98056 Chevron Service Station CJ Auto Parts Corbin Chiropractic Clinic 1419 N.30th 3901 N.B.4th 4608 N.E.4th RentonWA98056 RentonWA98056 RentonWA98056 Cugini Fill Site Custodial Services D&B Welding and Supply 3021 N.E.4th 232 Main S. 1200 Union N. RentonWA98056 RentonWA98055 RentonWA98056 Demo Golf Car Co. Discount Tire Co. Don-A-Lisa Motel ' 3709 N.E.4th 3123 N.E.4th 111 Meadow N. RentonWA98056 RentonWA98056 RentonWA98055 Dr.Joanne M.Furukawa Dunn Lumber Co. Edward C.Funk:D.M.D. 3188 N.E.Sunset By. 120 Factory N. 1084 Kirkland N.E. RentonWA98056 RentonWA98055 RentonWA98056 1 I Ernst Evans Tire Express Tune 4601 N.E.Sunset By. 4209 N.E.Sunset By. 233 Sunset By.N. RentonWA98056 RentonWA98056 RentonWA98055 I Exxon Service station Fiorillo Northwest Inc Frederick R.Brown:D.D.S.P.S. 4715 N.E.Sunset By. PO Box 66826 1080 Kirkland N.E. RentonWA98056 SeattleWA98166 RentonWA98056 Friedel's Service Inc. GCR Auto Sales Goodyear Tires 345 N.3rd Pl. 320 N.3rd Pl. 1320 Union N.E. RentonWA98055 RentonWA98055 RentonWA98056 Graphics Design Printing Greenwood Memorial Park Hazen High School 918 S.3rd 350 Monroe N.E. 1201 Hoquim N.E. RentonWA98055 RentonWA98056 RentonWA98056 I Highlands East Auto Parts Highlands Family Dental Center Hiland Chevron 4616 N.E.4th 3200 N.E.Sunset By. 4044 N.E.Sunset By. RentonWA98056 RentonWA98056 RentonWA98056 Hilands General Medical Clinic International Truck Sales and Parts Ja-merica 2838 N.E.Sunset By. 1300 Bronson Way N. 4111 N.E.Sunset By. RentonWA98056 RentonWA98055 RentonWA98056 Japanese Auto Machine - John Julian&Son Electric Motors Karin's Beauty Supplies 4233 N.E.Sunset By. 340 Sunset By.N. 1222 Bronson Way N. RentonWA98056 RentonWA98055 RentonWA98055 King County Park Center:Facilities Div. Les Schwab Tire Center Liberty Park 3005 N.E.4th 354 Union N.E. t ` 1400 Houser RentonWA98056 RentonWA98056 RentonWA98055 Life Touch National School Studio Lifetime'Muffler and Brake Maplewood Golf Course 227 Wells S. 4233 N.E Sunset By. 400 Maple Valley Hy. RentonWA98055 RentonWA98056 RentonWA98056 Market Place Mary Butcher M.D. Mt.Olivet Cemetary Union&4th 1082 Kirkland N.E. 100 Blaine N.E Renton]WA98056 - RentonWA98055 RentonWA98056 Nelson Plastering Northside Dental Center Paccar 1525 N.4th 300 Pelly N. 502 Houser Way N. RentonWA98055 RentonWA98055 RentonWA98055 Pacific Auto Machine Park Avenue Chiropractic Clinic Park Dental Assoc. 333 Sunset By.N. 210 Park N. 150 Park N. RentonWA98055 RentonWA98055 RentonWA98055 Parker Paints Pay-N-Pak Pay-N-Save 2nd&Wells S. 2902 N.E.Sunset By. 4613 N.E Sunset By. RentonWA98055 RentonWA98056 RentonWA98056 Payless Drug PDQ Dry Cleaners Pennzoil 10 Minute Oil Change 3208 N.E Sunset By. 3807 N.E.4th 4233 N.E Sunset By. RentonWA98056 RentonWA98056 RentonWA98056 Performance Apex Ltd Preservative Paint Co. Printco 410 Sunset By.N. 350 Sunset By.N. 2826 Sunset Lane RentonWA98055 RentonWA98055 RentonWA98056 Renton Beauty School Renton Chiropractic Renton Community Clinic 2828 Sunset Lane 1222 Bronson Way N. 1025 S.3rd RentonWA98056 RentonWA98055 RentonWA98055 Renton Greenhouse Florist Renton Highlands Cleaners Renton Highlands Prof.Building 236 Wells N. 2806 N.E. 10th 3218 N.E 12th RentonWA98055 RentonWA98056 RentonWA98056 • Renton Optometry Clinic Renton Radiator Renton Transmissions 112 Pelly N. 3217 S.E.6th 4233 N.E Sunset By. RentonWA98055 RentonWA98056 RentonWA98056 1 Renton Voc.Tech. Renton Voc.Tech.:Apprentice Center Riverside Dental Building 3000 N.E 4th 315 Garden N. 66 Williams S. RentonWA98056 RentonWA98055 RentonWA98055 Robert A.Hall S.E Public Health Center Safeway 1128 Kirkland N.E 300 N.E 4th 4110 N.E 4th RentonWA98056 RentonWA98056 RentonWA98056 Schucks Auto Supply Scissors and Suds Scotty's 1 Stop Reconditioning 3213 N.E Sunset By 326 Union N.E 117 1/2 Park N. RentonWA98056 RentonWA98056 RentonWA98055 Shell Oil Silver Cloud Inn Speedy Auto Glass 1410 N.30th 1820 Maple Valley Hy. 914 Bronson Way S. RentonWA98056 Renton\A98056 RentonWA98055 1 Squeeky Clean Car Wash Stoneway Concrete Sunset Cars 4111 N.E 4th 1915 Maple Valley Hy. 330 Sunset By.N. RentonWA98056 RentonVA98055 RentonWA98055 Sunset Cars Sunset Pet Clinic Sunset Square Cleaners 353 Sunset Bv.N. 3241 N.E.Sunset By. 1314 Union N.E RentonWA98055 RentonWA98056 RentonWA98056 Supershop Taylor's Auto Body Texaco 801 S.2nd 330 Main S. 4102 N.E 4th RentonWA98055 RentonWA98055 RentonWA98056 Texaco food mart The Auto Glass Company The Cleaning Shoppe 1408 Bronson Way N. 4233 N.B.Sunset By. 2830 N.E Sunset By. RentonWA98055 RentonWA98056 RentonWA98056 Thriftway Tony's Cleaners Traditional Family Health Care 3208 N.E Sunset By. 1057 N. 1st 920 N. 1st RentonWA98056 RentonWA98055 RentonWA98055 Tum-A-Lum Lumber U-Haul Unocal Learning Center 4602 N.E Sunset By. 3131 N.E.4th Corner of Sunset&Union RentonWA98056 RentonWA98056 RentonWA98056 Valley Auto Paint Valley Orthopedic Specialists Vic's Renton Frame and Wheel Alignment , 1017 Bronson Way S. 1086 Kirkland N.E. 3205 N.E 4th RentonWA98055 RentonWA98056 RentonWA98056 J Village Square Maytag Laundry Vukov Medical Dental Clinic Watertite Gutter Co. 1222 Bronson Way N. 1011 N.2nd 326 Union N.E RentonWA98055 RentonWA98055 RentonWA98056 Zip Market Marco de Sae Silva Davis Wright Tremain 2801 N.E.4th 1501 4th Avenue Suite 2600 RentonWA98056 SeattleWA98101 Versie Vaupel, P. 0. Box 755, Renton, 98057 Ralph Evans, 3306 NE J i th Place, Renton, 98056, ZO TcL(*- 74tItM Li( gos5 LP'E c rVL r ( �e , Aquifer Protect ' i Ordinance-DRAFT 16 October 30, 199 Page 9 Q. REGULATED SUBSTANCES shall mean any flammable liquids, combustible liquids, hazardous materials, and other substances, which% are more particularly defined as: 1. FLAMMABLE LIQUID is any liquid having a flash point below 100 F and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 F. 2. COMBUSTIBLE LIQUID is a liquid having a flash point at or above 100 F. 3. HAZARDOUS MATERIALS shall include such materials as flammable solids, corrosive liquids, radio- active materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, I unstable materials, hyperbolic materials, and pyrophoric materials as defined in Article 9 of the Uniform Fire Code and any substance or mixture of substances which is an irritant or a strong sensitizer or which generates pressure through exposure to heat, decomposition, or other means. 4. OTHER SUBSTANCES shall mean: a. A Hazardous Substance as defined by Sec- tion 101(14) of the Comprehensive Environ- mental Response, Compensation, and Liability Act (CERCLA) , or (1) any substance designated pursuant to Section 311(b) (2) (A) of the Clean Water Act (CWA) ; (2) any element, com- pound, mixture, solution, or substance designated pursuant to Section 102 of CERCLA; (3) any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not including any waste, the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congres's) ; (4) any toxic pollutant listed under Section 307 (a) of the CWA; and (5) any imminently hazardous chemical substance or mixturei with respect to which EPA has taken action pursuant to Section 7 of the Toxic Substances Control Act. b. Hazardous Substances that include any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological seaCOR/001.DOC/9 Aquifer Protec n Ordinance-DRAFT 16 October 30, 1990 Page 10 properties described in WAC 173-303-090, 173- 303-101, 173-303-102, or 173-303-103 . c. Hazardous Waste as designated in WAC 173-303 as dangerous or extremely hazardous waste. d. Any material that may degrade groundwater quality when improperly used, stored, trans- ported, disposed of, or otherwise mismanaged. R. REGULATED SUBSTANCES MANAGEMENT PLAN shall mean a plan containing procedures to be followed to prevent, con- trol, collect, and dispose of any unauthorized release • of a regulated substance. S. SOLID WASTE shall be defined as per Chapter 173-304 WAC, Minimal Functional Standards for Solid Waste Handling, WAC 173-304-100 (73) . T. UNAUTHORIZED RELEASE means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from a facilityl into a containment system, into the air, into groundwater, surface water, surface soils or subsurface soils. Unauthorized release does not include intentional withdrawals of regulated substances for the purpose of legitimate sale, use, or disposal. U. UNDERGROUND STORAGE FACILITY shall be defined as in City of Renton Ordinance No. 4147, Underground Storage Tank Secondary Containment Ordinance, Section 7- 1204 (T) . V. UNDERLYING PERMITS shall mean permits required for construction activities by the City of Renton, including building permits; conditional use permits; mining, excavation, and fill and grade permits; shoreline development permits; site plan reviews; variance rezones; planned unit developments; and subdivision, short subdivision, and land use permits. W. UTILITY shall mean the City of Renton Water Works Utility. X. UTILITY STANDARDS shall mean standard design and con- struction practices adopted by the Utility. Y. WELL FIELD shall mean an area which contains one or more wells for obtaining a potable water supply. Z. WELL shall mean a pit or hole dug into the earth to reach an aquifer. seaCOR/001.DOC/10 Aquifer Protect Ordinance-DRAFT 16 October 30, 1990 Page 11 SECTION 6: AQUIFER PROTECTION AREAS AND ZONES A. The locations of Aquifer Protection Areas in the City of Renton are defined in Ordinance 2735. Aquifer Pro- tection Area Maps are on file with the City Clerk, the Department of Planning/Building/Public Works, and the Renton Fire Department. B. Determination ofd location within a Zone of an. Aquifer Protection Area: In determining the location of facilities within the zones depicted on the APA maps, the following rule shall apply. 1. Facilities located wholly within an aquifer pro- tection zone shall be governed by the restrictions applicable to that zone. 2. Facilities having parts lying within more than one zone of an APA shall be governed as follows: each part of thel facility shall be reviewed and regu- lated by the requirements set forth in this Ordi- nance for the zone in which that part of the facility is actually located. 3. Facilities having parts lying both in and out of an APA shall be governed as follows: a. That portion which is within an APA shall be governed by the applicable restrictions in this ordinance, and b. That portion which is not in an APA shall not be governed by this ordinance except that this provision shall not be construed to limit review under the State Environmental Policy! Act. C. The Aquifer Protection Area which is identified herein is designated as an Environmentally Sensitive Area pursuant to the State Environmental Policy Act, . WAC 197-11-908, and Title IV, Chapter 7, Section 4-2828 of • the City Code. The following SEPA categorical exemptions shall not apply within said area: WAC 197- 11-800: (1) , (2) a through h, (3) , (5) , 6 (a) , 14 (c) , (24) a through g, (25) h; and Chapter 7, Section 4-2826 of this Code. seaCOR/001.DOC/11 Aquifer Protect=_n Ordinance-DRAFT 16 October 30, 1990 Page 12 SECTION 7: REGULATIONS WHICH APPLY WITHIN ZONE 1 OF AN APA A. REMOVAL OF EXISTING FACILITIES 1. Five (5) years after the effective date of this ordinance, the storage, handling, usage, treatment or production of any regulated substance at existing facilities shall not be allowed within Zone 1 of an APA. In the interim, the storage, handling, transport, usage, treatment or production of any regulated substance shall be allowed only at existing facilities and as provided herein. 2. Should any existing facility within Zone 1 of an APA be determined by the Utility to be exception- ally hazardous, then regulated substance activi- ties of that facility shall cease within eighteen (18) months of the date of the determination. The determination must be based on present or past activities conducted at the facility; regulated substances stored, handled, transported, treated, used or produced; and the potential for the activities or regulated substances to degrade the groundwater , quality. Should any facility cause a contamination incident which threatens water quality, such incident may be the basis for the determination of exceptional hazard. 3 . Closure of a facility or termination of any or all facility activities shall be conducted in accordance with the closure requirements (Section 14) of this Ordinance. B. REVIEW OF PROPOSED NEW FACILITIES 1. Within Zone 1 of an APA, no changes in land use and no construction activities shall be permitted unless a finding is made by the Utility that the proposal will not impact the long term, short term or cumulative quantity or quality of the aquifer. The finding shall be based on the present or past activities conducted at the facility; regulated substances stored, handled, transported, treated, used or produced; and the potential for the activities or regulated substances to degrade groundwater quality. 2. Land uses and types of facilities which are prohibited within Zone 1 of an APA include, but are not limited to: any use in which regulated substances are used, stored, treated, or handled; seaCOR/001.DOC/12 Aquifer Prote-Lton Ordinance-DRAFT 16 October 30, 1 ) Page 3 AQUIFER PROTECTION ORDINANCE DRAFT 16 October 30, 1990 SECTION 1: TITLE This Ordinance shall be hereinafter known as the "Aquifer Protection Ordinance, " may be cited as such, will be here- inafter referred to ; as "this Ordinance", and same shall be and constitute Chapter , Title of Ordinance No. known as • SECTION 2: PURPOSE AND INTENT A. PURPOSE The purpose of; this Ordinance is to protect aquifers from contamination by regulated substances within the zone of potential capture of a well or well field and the recharge-discharge area of a spring used by the City of Renton for domestic water supply. This Ordinance establishes regulations for land uses within Aquifer Protection Areas; construction, inspection and monitoring standards for new and existing regulated substance facilities; uniform standards for release reporting, emergency response, substance management planning, closure and abandonments, and enforcement; and permit procedures. B. INTENT It is the intent of this Ordinance to provide a method: 1. To protect, the groundwater resources of the City of Renton. ' 2 . To provide a means of regulating specific land uses within Aquifer Protection Areas. 3 . To provide a means of establishing safe con- struction practices for projects built within an Aquifer Protection Area. 4. To protect the City of Renton's drinking water supply from impacts by facilities that store, handle, transport, treat, use, or produce substances that pose a hazard to groundwater quality. seaCOR/001.DOC/3 CITY OF RENTON MEMORANDUM DATE: October 31, 1990 TO: Nancy Mathews, Chair Renton City Council Members VIA: Mayor Clymer FROM: Lynn Guttmann,Administrator Planning/Building/Public Works STAFF CONTACT: Lys Hornsby,Water Quality Engineer SUBJECT: Aquifer Protection Ordinance ISSUE: The City's sole source of drinking water is supplied from a shallow aquifer under the City that is susceptible to contamination from surface sources. Results of the Well Field Protection Study completed in 1984 indicated the need for controls to minimize the potential for contamination of the aquifer. One part of the necessary controls is the adoption of an aquifer protection ordinance. BACKGROUND: The City has undertaken many projects to enhance protection of the shallow aquifer including the aquifer awareness program to educate the public, adoption of other ordinances such as the Underground Storage Tank Ordinance and the Hazardous Waste Treatment and Storage Facilities Ordinance, and various other projects that involve evaluating contaminant pathways, modeling the aquifer, and, installing monitoring wells. The proposed Aquifer Protection Ordinance is an additional step to protect our aquifer. The proposed Ordinance spells out restrictions and controls on the handling, storage, and use of hazardous materials and other substances within the City of Renton. These restrictions are necessary to control substances and activities within the aquifer protection areas, that may contaminate our sole source aquifer. The final draft of the Aquifer Protection Ordinance has been completed. Previous drafts have been presented to Council for information and comment. The Water Utility is now ready to present the final draft for review and approval. It is proposed that existing facilities would be required to comply with the Ordinance within 12 months if they are in zone 1 and within two years if they are in zone 2. Existing facilities in zone 1 whose use is prohibited by the Ordinance would be removed within 5 years. If an existing facility in zone 1 is exceptionally hazardous, it must be removed within 18 months. The Ordinance includes provisions for two types of permits -an operating permit and closure permit. As part of the operating permit, facilities must provide a list of the regulated substances on site, a description of containment devices, and a regulated substances management plan. In addition, facilities may be required to monitor groundwater quality, may be inspected by the Water Utility and must report releases of regulated substances and cleanup spills. Responsibilities of the City of Renton The City of Renton, Water Utility, will be responsible for processing and reviewing permit applications and renewals, inspecting facilities and writing reports, reviewing proposed facilities, determining violations, and supporting enforcement proceedings. To accomplish this, the Utility is proposing to create new positions, that would be funded by the Aquifer Protection Fees, to monitor and administer the program. Fees and Costs The Water Utility will present alternatives to the Council for generating the revenue necessary to implement the Ordinance. Those alternatives will include APA permit fees and/or flat fees on water service. 1/water/LIM/bh • AFFIDAVIT OF PUBLICATION • Dolores E . Ashbaugh ,being first duly sworn on oath acct. #50640 states that he/she is the Chief Clerki of the VALLEY DAILY NEWS CITY OF RENTON 600 S. Washington Kent, WA. 98032 f - NOTICE OF PUBLIC HEARING BY RENTON CITY COUNCIL Daily newspapers published six (6) times a week. That said newspaper I NOTICE IS HEREBY GIVEN that the l is a legal newspaper and is now and has been for more than six i Renton City Council has fixed the 10th day 9of February,1992,at 7:30 p.m.in the Coun- months prior to the date of publication referred to, printed and cil Chambers of the Renton Municipal Build- - published in the English language continual) as a dailynewspaper in I ing, 200 Mill Avenue South, Renton,Wash- p 9yington, as the time and place fora public Kent, King County, Washington. The Valley Daily News has been hearing to consider the following: approved as a legal newspaper by order of the Superior Court of the Aquifer Protection Ordinance Any and all interested persons are invited I State of Washington for King County. to be present to voice approval disapproval, or opinions on this matter. CITY OF RENTON The notice in the exact form attached, was published in the Valley Marilyn J. Petersen, CMC Daily News (and not in supplement form) which was regularly distrib- City Clerk uted to the subscribers during the below stated period. The annexedaPublished -# 311992 in7003. the Valley Daily News Janu- , notice a public not CP 7..(1.(1`3.=C,1 ty of Renton ry notice • of public .he.aring was published on Janua:ry :31 ,: :199-2 The full amount of the fee c arged: for said for-•oing publication is the sumofS 26.72, Subscribed and s , n before ' this 5th . day of F' • • 19.92 . 4 • ary Public for the State of Washington residing at Kent King County, Washington VDN/1183 Revised 11/91 CITY OF RENTON COUNCIL AGENDA BILL Al#: 19 Submitting Data: For Agenda of: November f2, 1990 Dept/Div/Board.. Public Works/Water Utility Staff Contact Lys Hornsby, Water Quality Engineer Agenda Status Consent X Subject: Public Hearing... Aquifer Protection Ordinance Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper(10/31/90) Study Sessions Aquifer Protection Ordinance Other Recommended Action: Approvals: Refer to Utilities Committee Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Summary of Action: The Water Utility is submitting the final draft of the Aquifer Protection ordinance for Council review and approval. We would like to make a presentation of the proposed Ordinance to the Utilities Committee on November 13, 1990. ww/aquifagb/LLH/ bh Issue Paper Aquifer Protection Ordinance October 31, 1990 Page 2 RECOMMENDATION: The Water Utility is submitting the Aquifer Protection Ordinance for Council review and to initiate the Council approval process. A presentation will be made to the Utilities Committee on November 13, 1990. The proposed Ordinance needs to be forwarded to the Ways and Means Committee for legislation. 3/003/LHH/bh AOUIFER PROTECTION ORDINANCE DRAFT 16 October 30, 1990 CONTENTS Section Parte 1. Title 3 2 . Purpose and Intent 3 A. Purpose 3 B. Intent 3 3 . Applicability 4 4. Provisions for Certain Regulated Substances Used in the Aquifer Protection Area 6 5. Definitions 6 6. Aquifer Protection Areas and Zones 11 7. Regulations Which Apply Within Zone 1 of an APA 12 A. Removal of Existing Facilities 12 B. Review of Proposed New Facilities 12 C. Conditions for Residential Development 13 D. Pipeline Requirements 14 E. Construction Standards 15 F. Conditions for Aquifer Protection Area Operating Permits Issued to Existing Facilities 16 8. Regulations Which Apply Within Zone 2 of an APA 19 A. Existing Facilities 19 B. Review of Proposed New Facilities 19 C. Conditions for Residential Development 20 D. Construction Standards 21 E. Conditions for Aquifer Protection Area Operating Permits Issued to New and Existing Facilities 22 F. Potential to Degrade Groundwater 24 9 . Regulations for Existing Solid Waste Landfills 24 10. Aquifer Protection Area Permits 25 11. Operating Permit Conditions ' 26 12 . Regulated Substances Management Plan 28 seaCOR/OOi.DOC/1 Aquifer Protecilen Ordinance-DRAFT 16 • October 30, 1990 Page 2 Page 13 . Unauthorized Releases 29 A. General Provisions 29 B. Unauthorized Releases Requiring Recording 29 C. Unauthorized Releases Requiring Reporting 30 14. Closure Permits and Permit Conditions 31 15. Determination of Violation 32 16. Notice of Violation 33 17. Permit Enforcement 33 18. Injunctive Relief 34 19. Other Laws, Rules, and Regulations 34 20. Penalties 34 21. Appeals 34 22 . Effective Date 35 23 . Severability 35 seaCOR/O01.DOC/2 Aquifer Protec m Ordinance-DRAFT 16 October 30, 1990 Page 4 5. To protect public health and the environment by implementing the State Environmental Policy Act (RCW 43.21.C) . 6. To extend the provisions of this Ordinance beyond the boundaries of the City of Renton in accordance with Chapter 35.88 of the Revised Code of Washington. In addition to the provisions of this Ordinance, secondary containment and monitoring requirements for regulated substances stored in underground storage facilities are established in Title VII, Chapter 2, Underground Storage and Secondary Containment Ordi- nance, of the Code of the City of Renton. In addition to the provisions of this Ordinance, all hazardous substance facilities and installations shall meet all applicable provisions and requirements of Articles 80 of the Uniform Fire code, and City of Renton Ordinance No. 4186, Zoning Requirements for Hazardous Waste Treatment and Storage Facilities. SECTION 3: APPLICABILITY A. Persons who own and/or operate one or more facilities in an Aquifer Protection Area (APA) shall comply with this Ordinance. If the operator of the facility is not the owner, then the owner shall enter into a written contract with the operator requiring the operator to comply with this Ordinance. Execution of this contract between the owner and operator shall not absolve the owner of the legal responsibility for compliance. 1. Any person who owns or operates more than one facility in a single Zone of the APA shall have the option of obtaining one permit for all opera- tions if the operations at each facility are sim- ilar and the permit requirements under this Ordinance are applicable to each facility individually. B. Within twelve (12) months of the effective date of this Ordinance, all existing facilities located in Zone 1 of an APA must comply with the permitting requirements of this Ordinance including construction, containment, monitoring, and inspection, and must have an approved Regulated Substances Management Plan. C. Within two (2) years of the effective date of this Ordinance, all existing facilities located in Zone 2 of seaCOR/001.DOC/4 Aquifer Protection Ordinance-DRAFT 16 October 30, 1990 Page 5 an APA must comply with the permitting requirements of this Section including construction, containment, mon- itoring, and inspection, and must have an approved Regulated Substances Management Plan. D. All proposals for new facilities within any Zone of an Aquifer Protection Area must be reviewed for compliance with this Ordinance including obtaining an Operating permit pursuant to this Ordinance, prior to issuance of any underlying permits. E. All construction activities which occur within Zones 1 and 2 of an Aquifer Protection Area, including con- struction of new structures, or repair, maintenance and/or expansion of existing structures, must comply with this Ordinance. F. All owners and/or operators of facilities which have stored, handled, transported, treated, used, or pro- duced regulated substances in the past, or have the ability to do so in the future must comply with the permit requirements, release reporting requirements, and closure requirements as set forth in this Ordinance. G. All Aquifer Protection Area Permits must be renewed by the Utility on an annual basis. H. The storage and handling of regulated substances for resale in their original unopened containers of five (5) gallons or forty (40) pounds or less shall be exempt from the permit requirements of this Ordinance. I. De Minimus Usage of Regulated Substances: Facilities that use, store, or handle regulated substances in containers of one (1) gallon or eight (8) pounds or less, and the aggregate volume of regulated substances is twenty (20) gallons or one-hundred (100) pounds or less, shall be exempt from the permit requirements of this Ordinance. J. Single family residences are exempt from the permit requirements of this Ordinance provided that no home business (as defined by Title 4, Chapter 31 of the Code of the City of Renton) is operated on the premises. K. Gasoline or diesel tanks attached to private or commercial motor vehicles and used directly in the propulsion of that vehicle shall be exempt from the provisions of this Ordinance. seaCOR/001.DOC/5 Aquifer Protect.LuA Ordinance-DRAFT 16 - October 30, 1990 Page 6 L. If the Utility determines that an existing or proposed activity, that is exempt from the permit requirements of this Ordinance pursuant to this section, has a potential to degrade groundwater quality, then the Utility may classify that activity as a facility as defined by this Ordinance, and therefore require that facility to comply with the permit requirements of this Ordinance. SECTION 4: PROVISIONS FOR CERTAIN REGULATED SUBSTANCES USED IN THE AOUIFER PROTECTION AREA. A. The use of certain regulated substances such as pesti- cides, herbicides, and fungicides in recreational, agricultural, pest control, and weed control activities shall be allowed in an APA provided that: 1. The use is in strict conformity with the use requirements as set forth by the EPA and as indi- cated on the containers in which the substances are sold; and 2. The user applies for an Aquifer Protection Area Operating Permit. B. The use of fertilizers containing nitrates shall be allowed in an APA provided that: 1. No application of nitrate-containing materials shall exceed one-half (0.5) pound of nitrogen per thousand square feet per single application or a total yearly application of five (5) pounds of nitrogen per thousand square feet; except that an approved slow-release nitrogen may be applied in concentrations of up to eight (8) pounds of nitrogen per thousand square feet per year; and 2. The user applies for a Aquifer Protection Area Operating Permit. C. The use requirements of this section may be revised on the basis of changes in technical knowledge. SECTION 5: DEFINITIONS A. AQUIFER shall mean a groundwater-bearing geologic formation or formations that contain enough saturated permeable material to yield significant quantities of water to wells. seaCOR/001.DOC/6 Aquifer Protect....i Ordinance-DRAFT 16 October 30, 1990 Page 7 B. AQUIFER PROTECTION AREA (APA) shall be the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City of Renton or the recharge-discharge area of a spring used for water supply by the City of Renton, as defined in City of Renton Ordinances 1557 and 3829, and City of Renton Resolutions 2715, 2735, and 2748. C. AQUIFER PROTECTION AREA PERMIT shall mean an authorization by the Utility for a person to store, handle, transport, treat, use or produce a regulated substance within an APA. The two types of permits that will be issued pursuant to this Ordinance are an Operating Permit and a Closure Permit. D. AQUIFER PROTECTION ZONES are zones of an APA designated to provide graduated levels of aquifer protection. Each APA may be subdivided into two aquifer protection zones: 1. Zone 1: The land area situated between a well or well field owned by the City of Renton and the 365-day groundwater travel time contour, or the local recharge-discharge area of a spring used for water supply by the City of Renton. 2. Zone 2: The land area situated between the 365- day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City of Renton or the boundary of the recharge area of a spring used for water supply by the City of Renton. 3 . Protected APA designated Zone 2: If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata, the City of Renton may choose not to subdivide an APA into two zones. In such a case, the entire APA will be designated as Zone 2. E. CONSTRUCTION ACTIVITIES means construction and all activities associated with construction, to include, but not be limited to, mining, grading, landfilling, and excavating. F. CONTAINMENT DEVICE means a device that is designed to contain an unauthorized release, retain it for cleanup, and prevent released materials from penetrating into the ground. seaCOR/001.DOC/7 Aquifer Protect ri Ordinance-DRAFT 16 October 30, 1990 Page 8 G. EPA shall mean the United States Environmental Protec- tion Agency. H. FACILITY means all contiguous land, structures (except for underground storage facilities as defined in Title VII, Chapter 2 of Renton City Code) , other appurte- nances, and improvements on the land wherein regulated substances are stored, handled, transported, treated, used, or produced. Storm sewers, sanitary sewers, interstate freeways, state highways, arterials, and railroads are facilities for purposes of construction standards review and operations. I. GROUNDWATER means water below the land surface in the zone of saturation. J. GROUNDWATER MONITORING WELL means a small-diameter well installed for purposes of sampling and monitoring groundwater. K. HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACIL- ITY means any facility regulated pursuant to 40 CFR 264 or 265, or WAC 173-303-280 through WAC 173303-670. L. OPERATOR means any person in control of, or having responsibility for, the daily operation of a facility. M. OWNER includes his duly authorized agent or attorney, a purchaser, devisee, fiduciary, and/or a person having vested or contingent interest in the property and/or facility in question. N. PERSON shall mean any person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, owner, lessee, tenant, or any other entity whatsoever or any combination of such, jointly or severally. O. PIPELINE shall mean buried pipe systems (including all pipe, pipe joints, fittings, valves, manholes, sumps, and appurtenances that are in contact with the sub- stance being transported) utilized for the conveyance of regulated substances. Pipelines include, but are not limited to, sanitary sewers, storm sewers, leachate pipelines, and product pipelines. P. POTABLE WATER shall mean water that is satisfactory for drinking, culinary, and domestic purposes meeting cur- rent county, state, and federal drinking water standards. seaCOR/001.DOC/8 PUBLIC HEARING February 10, 1992 Notice of Public Hearing concerning Aquifer Protection Ordinance. Locations of postings done on / — 3 / , 1992. 1. 360o 5 E 2. l�( v�i o v� 1vIv E `1" S . 3. 1, LID0 uniov A-o . wig 4. j (0(1D DtiVal 1 AJ . NO . 5. 131052. 5e 1071X PL 6. 111'0 .3 KwzkLa.vlol a.v )V C . 7. 8. Nie ivy" 1-4aRR 11-1- n ao 1 E N l IV' �� `N. R 1J,ev2.d1 e- -vi Av ,tA6i. 11. aur ne Ao N . - NET 30k 12. 1NOS qv- -1- 664 13. t o tq N t64.. s� !� 14. '1<-_Li to- fitv• 10 Nw ,2.0 1� 15. Lan. -(-an 4) • 5 LJ 4 1-k-aR4 i e AO. S �J 16. She„'--utc-k RJ . S -1 ge S . 17. 5n-6111e25 Av . S -VPSi-, 18. 111 S i5-6-1- 34-- . 19- 1-61,1 bor.)- KJ. S 17 .7 6.6. . 20. s 64_a 1 5-V. 5 -1-41 BGnSoh 11 c. 5 27 & f\ 22. 1 O O(Q 5 o2�r4 23. 24. SE. LP Y''N apl.€4.Jeoc9 "iv, SL 25. • 314 al0 K ►�K Leo" ,4.v. N G. i- pc:: 84-. Januar 27. 1992 Renton City Council Minutes Pane 36 `... CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At Council request, Item 6.b, revision of legislative policies and procedures, was removed. Finance: Administrative Services submitted a recommendation for third party claims Property/Casualty Claims administration services for property/casualty to be awarded to Giesy, Greer Administration, Workers & Gunn, and workers' compensation services to be awarded to Johnston & Compensation Culbertson; expenditure required $35,000. Refer to Finance Committee. Release of Easement: Utility Systems Division requested release of easements located between Sewer Service, Riviera Maple Valley Highway and the Cedar River, east of the I-405 interchange; Apartments easements granted in 1959, 1968, and 1969 to provide sewer service to Riviera Apartments are not needed with Cottonwood Lift Station replacement project; waiver of release of easement fees requested. Refer to Utilities Committee and Board of Public Works. • Utility: Aquifer Utility Systems Division requested public hearing be set on February 10, Protection Ordinance 1992, to consider the draft Aquifer Protection Ordinance. Council concur. CAG: 91-114, Devil's Utility Systems Division submitted CAG-114-91, Devil's Elbow Lift Station Elbow Lift Station - Rehabilitation; and requested approval of the project, authorization for final Rehabilitation, Pumptech, pay estimate in the amount of $6,816.60, commencement of 30-day lien Inc. period, and release of retained amount of $765.15 to contractor, Pumptech, Inc., if all required releases have been received. Council concur. CAG: 91-120, NW 7th St. Utility Systems Division submitted CAG-120-91, NW 7th Street Sewer Repair Sewer Repair, Merlino Project; and requested approval of the project, authorization for final pay Construction estimate in the amount of $23,003.86, commencement of 30-day lien period, and release of retained amount of $4,646.77 to contractor, Gary Merlino Construction Company, if all required releases have been received. Council concur. MOVED BY KEOLKER-WHEELER, SECONDED BY MATHEWS, COUNCIL ADOPT THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 6.b. CARRIED. Separate Consideration Executive Department submitted final revisions to Legislative Policies and Item 6.b: Procedures for 1) Meetings of the City Council; 2) Order of Business, Policy: Legislative, Preparation and Reading of Minutes; 3) Committees of the Council; and 4) Council Meetings Legislative Ordinances, Resolutions, and Contracts; and requested Council approval. MOVED BY MATHEWS, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE LEGISLATIVE POLICIES AND PROCEDURES WITH THE FOLLOWING CORRECTION: Item 4.2 under "Policy", second sentence, be changed to read: Committee Of The Whole meetings (Council work sessions) shall may be held at 6:30 p.m. prior to weekly Council meetings. MOTION CARRIED. CORRESPONDENCE Councilwoman Mathews entered correspondence from Chief of Police Alan L. Police: Off-Duty Work Wallis stating that the Police Officer's Guild had requested that the hourly Agreement, Police Guild rate for off-duty Police work be reduced to $25:00 per hour. t CITY OF RENTON COUNCIL AGENDA BILL AI#: G . d . Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Utility Systems-Water Division January 27, 1992 Staff Contact.... Lys Hornsby,Water Quality Engineer(x-5539) Agenda Status Consent X Subject: Public Hearing... Aquifer Protection Ordinance Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Aquifer Protection Ordinance Study Sessions Information Recommended Action: Approvals: Legal Dept X 1. Set Public Hearing for Ordinance on Feb. 10, 1992 Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted $0 Revenue Generated Summary of Action: Staff would like to make a presentation to Council on the proposed Aquifer Protection Ordinance. The proposed ordinance is pending in Utilities Committee. This ordinance must be submitted to the State as part of the "Critical Areas Ordinances" by March 1, 1992. As part of the approval process, staff would like the Council to hold a public hearing on the draft Ordinance. Following the public hearing, the Ordinance will be returned to Committee for final consideration prior to presentation to Council for approval. Issue paper and Ordinance will be presented in Council packets prior to the public hearing. STAFF RECOMMENDATION: Staff recommends that Council set a public hearing on February 10, 1992, and subsequently approve the ordinance. 92-033.DOC/LLH/bh Aquifer Protection Ordinance Renton City Council Briefing November 15, 1990 '. Introduction: The Water Utility began work on the Aquifer Protection Ordinance in early 1989 and is now putting the finishing touches on the final_draft. We attempted to present an overview of the Ordinance to the Utilities Committee on November 13, 1990 but because of limited time, we did not get on the agenda. Due to interest by the press and the public, we have prepared this briefing paper to outline the information in our presentation. Background: The City of Renton needs an Aquifer Protection Ordinance to protect its sole source aquifer. Renton has no other available source of water. To purchase water from Seattle, even if it were available, could cost 2.5 million dollars per year and the cost is rising. It is much cheaper to protect the existing aquifer than it is to develop another water source, purchase the water from another source, or• treat/clean-up a contaminated aquifer. Who will be Regulated: The Ordinance will regulate facilities located in the Aquifer Protection Area that store, handle, use, or produce regulated substances. An aquifer protection area (APA) is defined as the area that supplies water to a wellfield. Renton's APA has been divided into two zones - zone 1 is the area bounded by a water travel time to the wells of 1 year, and zone 2 is the remaining area of the APA. Regulated substances include flammable liquids, combustible liquids, hazardous materials and other substances that could degrade groundwater quality. Specific exemptions from the Ordinance will include single family residences, fuel tanks attached to motor vehicles, retail sales of unopened containers (5 gallons or less per container) and De Minimus use (use of 1 gallon containers or less with a total of 20 gallons or less). Examples of facilities that will be affected by the Ordinance include industrial/manufacturing complexes, gasoline stations, repair facilities, laundry/dry cleaning establishments, landfills, health clinics and hospitals, and hardware stores. Ordinance Requirements The Ordinance will be implemented via an annual permitting process for affected facilities, monitoring of facility activities, and review of proposed facilities. The key requirements of the Ordinance include: 1) Removal of certain existing facilities 2) Specifications for pipeline materials and testing standards 3) Groundwater monitoring 4) Secondary containment devices and monitoring of regulated substances 5) Review of proposed facilities 6) Prohibition of certain new facilities 7) Reporting and clean-up of unauthorized releases 8) Recovery of clean up expenses by the Water Utility 9) Issuance and enforcement of permits Aquifer Protect_n Ordinance-DRAFT 16 October 30, 1990 Page 13 or which produces moderate risk waste, hazardous waste, and/or dangerous waste. The use of hazardous substances in de minimus quantities as defined in Section 5 of this ordinance shall be exempt from this provision. 3. The following specific land uses and types of facilities will be prohibited within Zone 1 of an APA: surface impoundments; waste piles; hazardous waste treatment, storage, and disposal facilities; all types of landfills including solid waste landfills; transfer stations; septic systems; recycling facilities that handle regulated sub- stances; underground storage facilities; and petroleum-product pipelines. 4. All applications for changes in land uses and for all underlying permits in Zone 1 of the APA must be reviewed for compliance with this Ordinance. The focus of review for all permits will be on the activities to be conducted; substances that will be stored, handled, transported, treated, used or produced; and the potential for these activities or substances to degrade the groundwater quality. All permits required pursuant to this Ordinance must be issued prior to or concurrent with the issuance of permits for construction activities or underlying permits for these activities. 5. All proposals for changes in land use or for construction activities must be accompanied by a binding site development plan and shall be subject to site plan review pursuant to Title IV, Chap- ter 7, Section 4-738. C. CONDITIONS FOR RESIDENTIAL DEVELOPMENT 1. New residential development shall, as a condition of approval, be required to connect to a central sewer system prior to occupancy. 2. The use of heating oil is prohibited in any new residential development. 3 . Existing residential units may be required to connect to a central sewer system as a requirement of any Building Permit issued for the property. 4. All existing residential units which are within 200 feet of an existing sanitary sewer shall be required to connect within twelve (12) months of the passage of this ordinance. All existing seaCOR/001.DOC/13 Aquifer Prote on Ordinance-DRAFT 16 October 30, 1990 Page 14 residential units which are located within 200 feet of a new sanitary sewer line shall be required to connect within twelve (12) months of the availability of the new sewer line. D. PIPELINE REQUIREMENTS 1. All new and existing pipelines in Zone 1 shall be constructed or repaired in accordance with material specifications contained in Exhibit 2. All new pipelines constructed in Zone 1 shall be tested for leakage in conformance with this para- graph prior to being placed into service. Pipeline leakage testing shall be conducted in accordance with best available technology, to the satisfaction of the Utility. Pipeline leakage testing methods shall be submitted to the Utility for review prior to testing and shallinclude: a detailed description of the testing methods and technical assumptions; accuracy and precision of the test; proposed testing durations, pressures, and lengths of pipeline to be tested; and scale drawings of the pipeline(s) to be tested. Upon completion of testing, pipeline leakage testing results shall be submitted to the Utility and shall include: a detailed description of the testing methods and technical assumptions; accuracy and precision of the test; record of testing durations, pressures, and lengths of pipeline tested; weather conditions at the time of testing; and scale drawings of the pipeline(s) tested. Routine leakage testing of new pipelines con- structed in Zone 1 may be required by the Utility. 3 . If the Utility has reason to believe that the operation or proposed operation of an existing pipeline in Zone 1 of an APA may degrade ground- water quality, the Utility may require leakage testing of the existing pipeline in accordance with paragraph 2 of this section. Routine leakage testing of existing pipelines in Zone 1 may be required by the Utility. 4 . Should pipeline leakage testing reveal any leakage at any level then the Utility shall require repairs to the pipeline to the satisfaction of the Utility such that no infiltration of water into the pipeline or exfiltration of substances seaCOR/001.DOC/14 Aquifer Protection Ordinance-DRAFT 16 October 30, 1990 Page 15 conveyed in the pipeline shall occur. Any repairs which are made shall be tested for leakage pur- suant to paragraph 2 of this subsection. E. CONSTRUCTION STANDARDS The following standards will be followed for any con- struction activity which shall be undertaken within Zone 1 of an APA for any underlying permit issued for the project. These standards shall be included as conditions of the building permit: 1. No temporary storage of regulated substances on a construction site shall be permitted unless it can be demonstrated that no other feasible site alternative exists. Should regulated substance storage be permitted, then such storage shall be limited to a period not to exceed five (5) days. 2. The building permit shall specify those regulated substances to be used and/or temporarily stored on the construction site. These substances shall be limited to the absolute minimum quantity required to accomplish the specific task. 3 . All regulated substances stored temporarily on a construction site shall be contained within leak- proof membranes surrounded with temporary retain- ing curbs. The location of temporary storage must be specified on the building plans. 4. The construction staging area shall be located in Zone 1 of an APA only if no feasible site exists outside Zone 1. The staging area shall be limited to the minimum area absolutely required. The staging site must be specified on the approved building plans. 5. The use of petroleum products on site shall be limited during construction to that amount which is absolutely required. 6. All refueling of construction equipment shall take place outside of Zone 1 if feasible. If such refueling is not feasible, then the refueling area must be covered with a leak-proof membrane sur- rounded by temporary retaining walls. 7. All construction equipment shall be "bibbed" to catch minor drips of petroleum products. Bibs shall be drained and cleaned a minimum of once each day. Any vehicle which is known to be seaCOR/001.DOC/15 Aquifer Protea n Ordinance-DRAFT 16 October 30, 19'' Page 16 leaking petroleum products, including fuel or hydraulic fluid, shall be prohibited on the construction site. 8 . The contractor shall comply with all applicable laws relating to disposal of hazardous substances and shall be contractually responsible for ensur- ing that all subcontractors comply as well. F. CONDITIONS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING FACILITIES The following conditions will be required as part of any Operating Permit issued in Zone 1 of an APA: 1. Groundwater Monitoring: Each owner of a facility shall, at its own expense, install one or more groundwater monitoring wells as determined by and in a manner approved by the Utility. Every owner shall, at its own expense, sample groundwater in each monitoring well within thirty (30) days of completing well construction and semiannually thereafter, and obtain independent analytical results of the presence and concentration of those chemicals identified by the Utility in the permit (including breakdown and transformation products) . The analytical results shall be obtained through the use of the EPA- approved methods for water. The results shall be filed within 72 hours with the Utility. 2. Containment: Every owner of a facility shall provide containment devices adequate in size to contain on-site any unauthorized release of regulated substances from any area where these substances are either stored, handled, transported, treated, used, or produced. Containment devices shall prevent such substances from penetrating into the ground. This provision also applies to releases that may mix with storm runoff. Design requirements for containment devices are follows: a. The containment device shall be large enough to contain 110 (one hundred ten) percent of the volume of the container in cases where a single container is used to store, handle, transport, treat, use, or produce a regulated substance. In cases where multiple con- tainers are used, the containment device shall be large enough to contain 150 percent of the volume of the largest container or seaCOR/001.DOC/16 Aquifer Protect i Ordinance-DRAFT 16 October 30, 1990 Page 17 10 percent of the aggregate volume of all containers, whichever is greater. Where fire hose sprinkler systems are used, the containment device shall be sized to include the additional volume required to contain water from the system over the minimum design area for a period of 20 minutes. b. All containment devices shall be constructed of materials of sufficient thickness, den- sity, and composition to prevent structural weakening of the containment device as a result of contact with any regulated sub- stance. If coatings are used to provide chemical resistance for containment devices, they shall also be resistant to the expected abrasion and impact conditions. Containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detec- tion and removal of the release. c. If the containment device is open to rain- fall, then it shall be able to accommodate the volume of precipitation that could enter the containment device during a 24-hour, 100- year storm, in addition to the volume of the regulated substance storage required in Sub- section 2a above. d. Containment devices shall be constructed so that a collection system can be installed to accumulate, temporarily store, permit detec- tion of the presence of, and permit removal of any storm runoff or regulated substance. e. Containment devices shall include monitoring procedures or technology capable of detecting the presence of a regulated substance within 24 hours following a release. 3 . Regulated Substance Monitoring Requirements for Existing Facilities a. The owners or operators of all existing facilities shall implement regulated sub- stances monitoring as part of the Regulated Substances Management Plan required by Sec- tion 12 of this Ordinance. Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually monitor. seaCOR/001.DOC/17 Aquifer Protect n Ordinance-DRAFT 16 October 30, 1990 Page 18 b. All regulated substance monitoring activities shall include the following: 1. A written routine monitoring procedure which includes, when applicable: the frequency of performing the monitoring method, the methods and equipment to be used for performing the monitoring, the locations(s) from which the monitoring will be performed, the name(s) or titles(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment, and the reporting format. 2. Written records of all monitoring per- formed shall be maintained on-site by the operator for a period of 3 years from the date the monitoring was per- formed. The Utility may require the submittal of the monitoring records or a summary at a frequency that the Utility may establish. The written records of all monitoring performed in the past 3 years shall be shown to the Utility upon demand during any site inspection. Monitoring records shall include but not be limited to: a. The date and time of all monitoring or sampling; b. Monitoring equipment calibration and maintenance records; c. The results of any visual observations; d. The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets; e. The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test results; and f. The results of inventory readings and reconciliations. seaCOR/001.DOC/18 Aquifer Protect i Ordinance-DRAFT 16 October 30, 199u Page 19 3 . Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually monitor. SECTION 8: REGULATIONS WHICH APPLY WITHIN ZONE 2 OF AN APA A. EXISTING FACILITIES The storage, handling, transport, treatment, use or production of regulated substances at existing facili- ties shall be allowed within Zone 2 of an APA upon com- pliance with the provisions of this Ordinance. B. REVIEW OF PROPOSED NEW FACILITIES • 1. Within Zone 2 of an APA, no changes in land use and no construction activities will be permitted unless a finding is made by the Utility that the proposal will not impact the short- term, long- term, or cumulative quantity or quality of groundwater. Mitigation may be implemented to the satisfaction of the Utility. The Utility will make its finding based on present or past activi- ties conducted at the facility; regulated sub- stances stored, handled, transported, treated, used or produced; and the potential for the activities or regulated substances to degrade groundwater quality. 2. Proposals for changes in land use or construction activities will be reviewed on a case-by-case basis at the time that applications for any underlying permits are filed with the City of Renton. The focus of the review will be on activities to be conducted; regulated substances that will be stored, handled, transported, treated, used, or produced; and the potential for these activities or regulated substances to degrade groundwater quality. 3 . Land uses and types of facilities which shall be prohibited within Zone 2 of an APA include but are not limited to: hazardous waste surface impound- ments; waste piles; recycling facilities that handle regulated substances; hazardous waste treatment and storage facilities; solid waste landfills; transfer stations; septic systems; and petroleum product pipelines. seaCOR/001.DOC/19 Aquifer Protea n Ordinance-DRAFT 16 October 30, 1990 Page 20 4. Those land uses of concern include any use which includes regulated substances or produces moderate risk waste, hazardous waste, or dangerous waste. 5. All proposals for changes in land use or for con- struction activities must be accompanied by a binding site development plan and shall be subject to site plan review pursuant to Title IV, Chapter 7, Section 4-738. C. CONDITIONS FOR RESIDENTIAL DEVELOPMENT 1. New residential development shall, as a condition of approval, be required to connect to a central sanitary sewer system prior to occupancy. 2. The use of heating oil is prohibited in any new residential development. 3. Existing residential units may be required to connect to a central sanitary sewer system as a requirement of any Building Permit issued for the property. 4. Sanitary sewers shall be constructed in accordance with prevailing American Public Works Association (APWA) standards with respect to minimum allowable infiltration and exfiltration. 5. Management of storm water runoff shall be accomplished in accordance with the requirements of Chapter 22, Storm and Surface Water Drainage, as amended by Ordinance No. 4269. D. CONSTRUCTION STANDARDS The following standards will be followed for any con- struction activity which shall be undertaken within Zone 2 of an APA for any underlying permit issued for the project. These standards shall be included as conditions of the building permit: 1. No temporary storage of regulated substances on a construction site shall be permitted unless it can be demonstrated that no other feasible site alternative exists. Should regulated substance storage be permitted, then such storage shall be limited to a period not to exceed five (5) days. 2 . The building permit shall specify those regulated substances to be used and/or temporarily stored on the construction site. These substances shall be seaCOR/001.DOC/20 Aquifer Protect--.i Ordinance-DRAFT 16 October 30, 1990 Page 21 limited to the absolute minimum quantity required to accomplish the specific task. 3 . All regulated substances stored temporarily on a construction site shall be contained within leak- proof membranes surrounded with temporary retain- ing curbs. The location of temporary storage must be specified on the building plans. 4. The construction staging area shall be located in Zone 2 of an APA only if no feasible site exists outside Zone 2. The staging area shall be limited to the minimum area absolutely required. The staging site must be specified on the approved building plans. 5. The use of petroleum products on site shall be limited during construction to that amount which is absolutely required. 6. - All refueling of construction equipment shall take place outside of Zone 2 if feasible. If such refueling is not feasible, then the refueling area must be covered with a leak-proof membrane sur- rounded by temporary retaining walls. 7. All construction equipment shall be "bibbed" to catch minor drips of petroleum products. Bibs shall be drained and cleaned a minimum of once each day. Any vehicle which is known to be leak- ing petroleum products, including fuel or hydraulic fluid, shall be prohibited on the con- struction site. 8. The contractor shall comply with all applicable laws relating to disposal of hazardous substances and shall be contractually responsible for ensur- ing that all subcontractors comply as well. E. CONDITIONS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO NEW AND EXISTING FACILITIES The following conditions will be required as part of any permit issued in Zone 2 of an APA: 1. Containment: Every owner of a facility shall provide containment devices adequate in size to contain on-site any unauthorized release of regulated substances from any area where these substances are either stored, handled, transported, treated, used, or produced. Containment devices shall prevent such substances seaCOR/001.DOC/21 Aquifer Protect z Ordinance-DRAFT 16 October 30, 1990 Page 22 from penetrating into the ground. This provision also applies to releases that may mix with storm runoff. Design requirements for containment devices are follows: a. The containment device shall be large enough to contain 110 (one hundred ten) percent of the volume of the container in cases where a single container is used to store, handle, transport, treat, use, or produce a regulated substance. In cases where multiple con- tainers are used, the containment device shall be large enough to contain 150 percent of the volume of the largest container or 10 percent of the aggregate volume of all containers, whichever is greater. Where fire hose sprinkler systems are used, the contain- ment device shall be sized to include the additional volume required to contain water from the system over the minimum design area for a period of 20 minutes. b. All containment devices shall be constructed of materials of sufficient thickness, den- sity, and composition to prevent structural weakening of the containment device as a result of contact with any regulated sub- stance. If coatings are used to provide chemical resistance for containment devices, they shall also be resistant to the expected abrasion and impact conditions. Containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release. c. If the containment device is open to rain- fall, then it shall be able to accommodate the volume of precipitation that could enter the secondary container during a 24-hour, 100-year storm in addition to the volume of the regulated substance storage required in Subsection l.a above. d. Containment devices shall be constructed so that a collection system can be installed to accumulate, temporarily store, permit detec- tion of the presence of, and permit removal of any storm runoff or regulated substance. e. Containment devices shall include monitoring procedures or technology capable of detecting seaCOR/001.DOC/22 Aquifer Protect n Ordinance-DRAFT 16 October 30, 1990 Page 23 the presence of a regulated substance within 24 hours following a release. 2 . Regulated Substance Monitoring Requirements for New and Existing Facilities a. The owners or operators of all existing and new facilities shall implement regulated substance monitoring as part of the Regulated Substances Management Plan required by Sec- tion 12 of this Ordinance. b. All regulated substance monitoring activi- ties shall include the following: 1. A written routine monitoring procedure which includes, when applicable: the frequency of performing the monitoring method, the methods and equipment to be used for performing the monitoring, the locations(s) from which the monitoring will be performed, the name(s) or titles(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment, and the reporting format. 2. Written records of all monitoring per- formed shall be maintained on-site by the operator for a period of 3 years from the date the monitoring was per- formed. The Utility may require the submittal of the monitoring records or a summary at a frequency that they may establish. The written records of all monitoring performed in the past 3 years shall be shown to the Utility upon demand during any site inspection. Monitoring records shall include but not -be limited to: a. The date and time of all monitoring or sampling; b. Monitoring equipment calibration and maintenance records; c. The results of any visual observations; d. The results of all sample analysis performed in the laboratory or in seaCOR/001.DOC/23 Aquifer Protects Ordinance-DRAFT 16 October 30, 1990 Page 24 the field, including laboratory data sheets; e. The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test results; and f. The results of inventory readings and reconciliations. 3. Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually monitor. F. POTENTIAL TO DEGRADE GROUNDWATER 1. If the Utility determines that an existing or proposed facility located in Zone 2 of an APA has a potential to degrade groundwater quality which equals or exceeds that of a permitted facility in Zone 1, then the Utility may require that facility to comply with Section 7 of this Ordinance. 2 . The Utility will make its determination based on the present or past activities conducted at the facility; regulated substances stored, handled, transported, treated, used or produced; and the potential for the activities or regulated sub- stances to degrade groundwater quality. SECTION 9: REGULATIONS FOR EXISTING SOLID WASTE LANDFILLS A. All existing solid waste landfills located within APA Zones 1 and 2 shall comply with the provisions of the Washington State Minimum Functional Standards for Solid Waste Handling (WAC 173-304) and the King County Board of Health Rules and Regulations No. 8, Minimum Functional Standards for Solid Waste Handling. B. All waste materials shall be placed at least ten feet above the seasonal high level of groundwater in the uppermost aquifer. C. The Utility shall have the authority to inspect and screen any excavated dirt, soil or other material prior to placement in a solid waste landfill if the material is suspected of containing contaminants at levels which may impact groundwater quality. The Utility may require the owner to conduct a sampling program to seaCOR/001.DOC/24 Aquifer Protect 1 Ordinance-DRAFT 16 October 30, 1990 Page 25 determine if contaminants are present in materials prior to landfilling. D. The Utility shall have the authority to require an owner of a solid waste landfill to submit a groundwater monitoring program. The program shall include: 1. Number, locations and depths of monitoring wells to be installed; and 2 . Monitoring well drilling and construction methods; and 3. Groundwater sample collection, shipment and handling procedures, including the frequency of sampling; and 4. List of constituents to be analyzed, including test methods; and 5. Procedure for measuring groundwater elevation; and 6. A statistical procedure for determining whether a significant change over background has occurred; and 7. A procedure for regular reporting of monitoring results to the Utility. SECTION 10: AQUIFER PROTECTION AREA PERMITS A. No person, persons, corporation, or other legal enti- ties shall install or operate a facility in an APA without first obtaining an Operating Permit from the Utility and a permit from the Department pursuant to the Uniform Fire Code, if required. B. The Utility shall not issue an Operating Permit for a facility unless adequate plans, specifications, test data, and/or other appropriate information has been submitted by the owner and/or operator showing that the proposed design and construction of the facility meets the intent and provisions of this Ordinance and will not impact the short term, long term or cumulative quantity or quality of groundwater. C. No person, persons, corporation or other legal entity shall temporarily or permanently abandon a facility in an APA without complying with the closure sections of this Ordinance. seaCOR/001.DOC/25 Aquifer Protect n Ordinance-DRAFT 16 October 30, 19S., Page 26 D. No person, persons, corporation or other legal entity shall close a facility without first obtaining a Clo- sure Permit to do so from the Utility. The Utility shall not issue a permit to temporarily or permanently close a facility unless adequate plans and specifica- tions and other appropriate information has been sub- mitted by the applicant showing that the proposed closure meets the intent and provisions of this Ordinance. E. The application for Operating and Closure Permits pur- suant to this Ordinance shall be made in a form acceptable to the City and shall be accompanied by the established fee, as described in Chapter 1, Title V of Ordinance 4260. F. All permittees, before final issuance of an Operating Permit or a Closure Permit, shall execute a bond to the City of Renton in accordance with Chapter 2, Title V of Ordinance No. 4260. SECTION 11: OPERATING PERMIT CONDITIONS Specific conditions for Operating Permits issued to facili- ties in Zones 1 and 2 of an APA are described in Sections 7 and 8 of this Ordinance, respectively. The following gen- eral conditions shall be included as part of any Operating permit issued pursuant to this Ordinance: A. Restrictive covenants to be placed on property title: Prior to the issuance of an Operating Permit the applicant shall file, with the appropriate county recording department, a statement to run with the property that development of the property is subject to land use limitations because it is located in an APA. This statement shall identify whether the property is in Zone 1 or Zone 2 of an APA. B. The Operating Permit application shall include at a minimum: 1. A list of all regulated substances in containers of more than one (1) gallon or eight (8) pounds, including their quantities, which are stored, handled, transported, treated, used, or produced at the facility being permitted. 2 . A list of the chemicals to be monitored through the analysis of groundwater samples if groundwater monitoring is anticipated to be required. seaCOR/001.DOC/26 Aquifer Protect i Ordinance-DRAFT 16 October 30, 1990 Page 27 3 . A detailed description of the activities conducted at the facility that involve the storage, handling, transport, treatment, use or production of regulated substances in containers of more than one (1) gallon or eight (8) pounds in size. 4. A description of the containment devices used to comply with the requirements of this Ordinance. 5. A proposed Regulated Substances Management Plan for the facility. 6. A description of the procedures for inspection and maintenance of containment devices. 7. A description of how regulated substances will be disposed. 8. A site map showing the location of the facility and its property boundaries and the locations where regulated substances in containers larger than one (1) gallon or eight (8) pounds in size are stored, handled, transported, treated, used, produced. The location of each containment device also should be identified on the site plan. C. Procedures for the daily in-house inspection and main- tenance of containment devices and areas where regu- lated substances are stored, handled, transported, treated, used, and produced shall be identified in the Operating permit for each facility. Such procedures shall be in writing, and a log shall be kept of all inspection and maintenance activities. Such logs shall be submitted to the Utility annually and shall be available for inspection. Inspection and maintenance logs shall be maintained on-site by the owner or operator for a period of at least 3 years from the date the monitoring was performed. D. The permittee shall report to the Utility within 15 days after any changes in a facility including: a. The storage, handling, transportation, treatment, use, or processing of new regulated substances; b. Changes in monitoring procedures; or c. The replacement or repair of all or part of any facility. E. The permittee shall report to the Utility any unauthorized release occurrence, within 24 hours of its seaCOR/001.DOC/27 Aquifer Protect n Ordinance-DRAFT 16 October 30, 1990 Page 28 detection, in accordance with Section 13 of this Ordinance. F. An Operating Permit, issued by the Utility, shall be effective for 1 year. The Utility shall not issue a permit to operate a facility until the Utility inspects the facility and determines that the facility complies with the provisions of these regulations. If the inspection reveals noncompliance, then the Utility must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit. The facility owner shall apply to the Utility for permit renewal at least 60 days prior to the expiration of the permit. G. Operating Permits may be transferred to a new facility owner if the new facility owner does not change any conditions of the permit, the transfer is registered with the Utility within 30 days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership. The Utility may review, modify, or terminate the permit to operate the facility upon receiving the ownership transfer request. H. Within 30 days of receiving an inspection report from the Utility , the Operating Permit holder shall file with the Utility a plan and time schedule to implement any required modifications to the facility or to the monitoring plan needed to achieve compliance with the intent of this Ordinance or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Utility . SECTION 12: REGULATED SUBSTANCES MANAGEMENT PLAN A. A Regulated Substances Management Plan indicating pro- cedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a regulated substance shall be required as a condition of each APA permit. If a Spill Prevention Control and Counter- measure (SPCC) plan has been prepared in accordance with 40 CFR 264 or 265, a Regulated Substances Manage- ment Plan is not required as long as all of the regu- lated substances are included in the SPCC plan. B. The Regulated Substances Management Plan shall include: 1. Provisions to address the regulated substances monitoring requirements of Sections 7 and 8 of this Ordinance. seaCOR/001.DOC/28 Aquifer Protec n Ordinance-DRAFT 16 October 30, 1990 Page 29 2. Provisions to train employees in the prevention, identification, reporting, control, disposal, and documentation of any unauthorized release of a regulated substance. SECTION 13: UNAUTHORIZED RELEASES A. General Provisions All unauthorized releases shall be reported to the Utility according to the provisions of this sub- section. All unauthorized releases shall be recorded in the owner's inspection and maintenance log. Such an unauthorized release shall be determined to be an "unauthorized release requiring recording" if the release is completely captured by the containment device. If the containment device fails to contain the entire release, the release shall be determined to be an "unauthorized release requiring reporting. " B. Unauthorized Releases Requiring Recording 1. Unauthorized releases requiring recording shall be reported to the Utility within 3 days of the occurrence. 2. The incident report shall be accompanied by a written record including the following information: a. List of type, quantities, and concentration of regulated substances released. b. Method of cleanup. c. Method and location of disposal of the released regulated substances (indicate whether a hazardous waste manifest(s) is used) . d. Method of future release prevention or repair. If this involves a change in opera- tion, monitoring, or management, the owner must apply for a new Operating Permit. e. Facility operator's name and telephone number. f. The approximate costs for cleanup to be submitted voluntarily. seaCOR/001.DOC/29 Aquifer Protec n Ordinance-DRAFT 16 October 30, 19 Page 30 3. The Utility shall review the information sub- mitted pursuant to the report of an unauthorized release requiring recording, shall review the Operating Permit, and may inspect the facility. The Utility shall find that the containment standards of this ordinance can continue to be achieved, or the Utility shall revoke the permit until appropriate modifications are made to allow compliance with the standards. C. Unauthorized Releases Requiring Reporting 1. Unauthorized releases requiring reporting shall be reported to the Utility within 24 hours of the occurrence. 2. The report shall contain the following information that is known at the time of filing the report: a. List of type, quantity, and concentration of regulated substances released. b. The results of all investigations completed at that time to determine the extent of soil or groundwater or surface water contamination because of the release. c. Method of cleanup implemented to date, pro- posed cleanup actions and approximate cost of actions taken to date. d. Method and location of disposal of the released regulated substance and any contaminated soils, groundwater, or surface water. e. Proposed method of repair or replacement of the containment device. f. Facility owner's name and telephone number. 3. Until cleanup is complete, the owner shall submit reports to the Utility every month or at a more frequent interval specified by the Utility. The reports shall include the information requested in this Ordinance. D. If an unauthorized release creates or is expected to create an emergency situation with respect to the drinking water supply of the City of Renton, and if the facility owner fails to address the unauthorized seaCOR/001.DOC/30 Aquifer Protect—a Ordinance-DRAFT 16 October 30, 1990 Page 31 release in a timely manner, the Utility or its authorized agents shall have the authority to implement removal or remedial actions. Such actions may include, but not be limited to, the prevention of further groundwater contamination; installation of groundwater monitoring wells; collection and laboratory testing of water, soil , and waste samples; and cleanup and dis- posal of regulated substances. The facility owner shall be responsible for any costs incurred by the Utility or its authorized agents in the conduct of such remedial actions. E. Reporting a release to the Utility does not exempt or preempt any other reporting requirements under federal, state, or local laws. SECTION 14: CLOSURE PERMITS AND PERMIT CONDITIONS A. No person shall close or cause to be closed a facility regulated pursuant to this Ordinance without first obtaining a Closure Permit from the Utility and a permit from the Renton Fire Department pursuant to the Uniform Fire Code, if required. B. Closure Permits shall be required for all facilities that cease to store, handle, transport, treat, use, or produce regulated substances for a period of more than 365 days or when the owner has no intent within the next year to store, handle, transport, treat, use, or produce regulated substances. During the period of time between cessation of regulated substance storage, handling, transport, treatment, use, or production, and actual completion of facility closure, the applicable containment and monitoring requirements of this Ordi- nance shall continue to apply. C. Prior to closure, the facility owner shall submit to the Utility a proposal describing how the owner intends to comply with closure requirements. Owners proposing to close a facility shall comply with the following requirements: 1. All regulated substances shall be removed from the facility, including residual liquids, solids, or sludges. 2. When a containment device is to be disposed of, the owner must document to the Utility that proper disposal has been completed. seaCOR/OO1.DOC/31 Aquifer Protection Ordinance-DRAFT 16 October 30, 1990 Page 32 3 . An owner of a containment device or any part of a containment device that is destined for reuse as scrap material shall identify this reuse to the Utility. D. The owner of a facility being closed shall demonstrate to the satisfaction of the Utility that no unauthorized release has occurred. This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or immediately after closure activities. E. If an unauthorized release is determined to have occurred, the facility owner shall comply with Sec- tion 13 of this Ordinance. F. Facility closure will be accepted as complete by the Utility upon implementation of the Closure Permit con- ditions and compliance with all other provisions of this Ordinance. SECTION 15: DETERMINATION OF VIOLATION A. Semiannually, the Utility shall review all groundwater monitoring results submitted by owners in an APA to determine if a violation has occurred. Either one of the following occurrences shall constitute a violation: 1. A chemical concentration in an owner's monitoring well(s) that exceeds applicable legally- enforceable federal or state groundwater quality standards. 2. An upward trend in the concentration of a chemical as determined by a statistically based procedure. B. In the event of a violation, the owner shall cease to store, handle, transport, treat, use, or produce the regulated substance(s) containing the chemical(s) causing the violation within 24 hours of receiving written notification from the Utility. Upon receiving written notification, the owner shall be responsible for immediately accomplishing the following: 1. Locate and determine the source of the unauthorized release of the regulated substance(s) . 2. Stop and prevent any further unauthorized release(s) . seaCOR/001.DOC/32 Aquifer Protect i Ordinance-DRAFT 16 October 30, 199u Page 33 3. Comply with the requirements for an unauthorized release(s) requiring reporting. C. The owner shall not be subject to this mandatory action if the owner can present acceptable technical data that substantiate it is not responsible for the violation. In complying with this subsection, no new regulated substance(s) may be introduced in the place of the regulated substance(s) that caused the violation. SECTION 16: NOTICE OF VIOLATION Whenever it is determined that there is a violation of this Ordinance, the notice of violation issued shall: A. Be in writing; and B. Be dated and signed by the authorized City of Renton agent making the inspection; and C. Specify the violation or violations; and D. Specify the length of time available to correct the violation after receiving the notice of violation. SECTION 17: PERMIT ENFORCEMENT A. The Utility shall be the administering agency and shall have the power and authority to administer and enforce the provisions of this Ordinance. The Utility shall have the right to conduct inspections of facili- ties at reasonable times to determine compliance with this Ordinance. B. The Utility may revoke any permit issued pursuant to this Ordinance if it finds that the permit holder: 1. Has failed or refused to comply with any of the provisions of this Ordinance; 2 . Has submitted false or inaccurate information in the permit application; 3 . Has failed to submit operational reports of other information required by this Ordinance; or 4. Has refused lawful inspection pursuant to this Section. seaCOR/001.DOC/33 Aquifer Protection Ordinance-DRAFT 16 October 30, 1990 Page 34 SECTION 18: INJUNCTIVE RELIEF If any owner stores, handles, uses, or produces regulated substances without having obtained an Operating or Closure Permit as provided for herein or continues to operate in violation of the provisions of this Ordinance, then the City of Renton may file an action for injunctive relief in the Superior Court of the State of Washington for King County. All costs incurred for abatement by the City of Renton, including reasonable attorneys' fees, shall be paid by the owner operating without an Operating or Closure Permit or operating in violation of the provisions of this Ordinance or the permit. SECTION 19: OTHER LAWS, RULES, AND REGULATIONS All owners within an APA must also comply with county, state, and federal laws, rules, and regulations related to the intent of this Ordinance. SECTION 20: PENALTIES A. A violation of any of the provisions of this Ordinance shall constitute a misdemeanor. It shall be a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted. B. Any owner or operator who shall violate any provisions of this Ordinance shall be subject, upon conviction in court, to a fine not to exceed $500 per day per facility. C. In addition to any fines and penalties set forth above, the owner or operator shall reimburse the City of Renton, for all costs incurred as a result of respond- ing to, containing, cleaning up, or monitoring the cleaning up and disposal of any spilled or leaked regulated substance. SECTION 21: APPEALS Any appeal of a determination under this Ordinance shall be made to the Renton City Council. aeaCOR/001.DOC/34 Aquifer Protect 1 Ordinance-DRAFT 16 October 30, 1990 Page 35 SECTION 22: EFFECTIVE DATE The effective date of this ordinance shall be 30 days after its enactment. SECTION 23: SEVERABILITY If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other per- sons or circumstances shall not be affected. PASSED BY THE CITY COUNCIL this day of , 1990. Marilyn J. Petersen, City Clerk APPROVED BY . THE MAYOR this day of , 1990. Earl H. Clymer, Mayor Approved. as to form: Lawrence J. Warren City Attorney Date of Publication: seaCOR/001.DOC seaCOR/001.DOC/35 •August.19, 1991 _ Renton City Council Minutes _ Page 289 Judge McBeth stated further that combining the superior and district courts would improve efficiency and provide judges with an opportunity to assist each other with case loads. Councilwoman Zimmerman advised that the Public Safety Committee report on the justice center will be presented later this evening. (See later action.) Councilman Tanner stated his opinion that the justice center would not be good for Renton's image, and noted that the City already has enough regional facilities within its boundaries. Citizen Comment: Webb - Sanford Webb, 430 Mill Avenue South, Renton, 98055, commented that Regional Justice Center opposition to the justice center is sincere, and he objected to any effort to site a jail facility in the Highlands. Citizen Comment: Vaupel Versie Vaupel, P. O. Box 755, Renton, 98057, suggested that a time be set - Public Access to aside prior to Council meetings for citizens to access Councilmembers, and Council Members • that this schedule be provided to the public. • Citizen Comment: Evans Ralph Evans, 3306 NE 11th Place, Renton, 98056, suggested that the justice - Regional Justice Center center be sited near Aukeen district court in Kent. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Councilman Stredicke requested that item 6.c be removed from the consent agenda. CAG: 85-061 Aquifer Utilities Division requested budget increase in contract with CH2M Hill for rotection Ordinance, additional work required to finalize the Aquifer Protection Ordinance (CAG- CH2M Hill 061-85); required expenditure $11,385. Refer to Utilities Committee. CAG: 90-076, Public Utilities Division submitted Public Works Trust Fund award of $84,779 for Works Trust Fund an emergency loan to repair the NW 7th sewer damaged in April by a Emergency Loan, NW 7th landslide (CAG-076-90); required expenditure $198,000. Refer to Utilities Sewer Repair Committee. LID: 314, Segregation SW Technical Services Division requested approval of segregation of Parcels 67, 27th & East Valley Road 86, and 87, LID #314, in the vicinity of SW 27th and East Valley Road into (Parcels 67, 86, 87) two parcels each in accordance with the original method of assessment. Refer to Ways and Means Committee. CAG: 91-094, TIB Transportation Division submitted agreement (CAG-094-91) with Agreement, Oakesdale Transportation Improvement Board (TIB) for Transportation Improvement Avenue SW Project, SW Account (TIA) funds to pre-design the Oakesdale Avenue SW project (SW 16th to SW 31st 16th to SW 31st); revenue generated $382,500. Council concur. CAG: 91-066, TRA, Transportation Division requested expenditure increase of $10-15,000 in Airport Improvement Airport Improvement Project contract with TRA for relocation of airport Project perimeter road and reconfiguration of vehicle parking (CAG-066-91). Refer to Transportation (Aviation) Committee. Streets: HNTB, Oakesdale Transportation Division requested approval of consultant agreement with Avenue SW Project, SW Howard Needles Tammen & Bergendoff (HNTB) for design of Oakesdale 16th to SW 31st Avenue SW project (SW 16th Street to SW 31st Street); required expenditure $780,000. Refer to Transportation (Aviation) Committee. CAG: 90-035, West Coast Transportation Division submitted CAG-035-90, SW Grady Way Street Construction, SW Grady Improvements; and requests approval of the project, commencement of 30- Way Street Improvements day lien period, and release of retained amount of $15,758.64 to contractor, West Coast Construction Co., Inc.,•if all required releases have been received. Council concur. MOVED BY NELSON, SECONDED BY MATHEWS, COUNCIL ADOPT THE CONSENT AGENDA AS REVISED. CARRIED. Separate Consideration Utilities Division submitted contract with RH2 Engineering, P.S. for design, Item 6.c: easement acquisition, and other services relative to transmission main from CAG: 88-011, RH2 the proposed Maplewood booster pump station to the 590 pressure zone in Engineering, Rolling Hills and the 565 pressure zone in the Highlands; required Transmission Main from expenditure $137,017 (CAG-011-88, Addendum No. 2). Maplewood Pump Station to Rolling Hills to In response to Councilman Stredicke's inquiry, Councilwoman Keolker- Highlands Wheeler said that she will request information regarding water pressure and fire flow requirements during the Utility Committee's review of this matter. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL REFER THIS ITEM TO THE UTILITIES COMMITTEE. CARRIED. CITY OF RENTON COUNCIL AGENDA BILL AI #: 0--- Submitting --Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Water Department August 19, 1991 Staff Contact Lys Hornsby (X-5539) Agenda Status Consent X Subject: Public Hearing... Budget increase for Aquifer Protection Ordinance Correspondence.. Contract CAG 061-85 Ordinance Resolution Old Business Exhibits: New Business Budget increase letter from CH2M Hill Study Sessions Other Recommended Action: Approvals: Refer to Utilities Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $11,385 Transfer/Amendment Amount Budgeted $17,000 (mid-yr. budget adjustment) Revenue Generated Summary of Action: The Water Utility needs to increase the budget for the Aquifer Protection Ordinance to continue work. The increased budget is needed for additional tasks such as assistance during the SEPA process, preparation of final ordinance, preparation of final permit system and brochure, set up of filing system, and technical review of facilities. This funding is covered in the 1991 Mid-year Budget adjustment and is to cover consultant and staff. costs associated with the above tasks. . STAFF RECOMMENDATION: Staff recommends that the City Council authorize the Mayor and City Clerk to execute the attached letter contract amendment for this work. C:91-560:LLH:ps • Engineers MEM Planners CirMHILL Economists 11.111111, Scientists July 22, 1991 • SEA20080.G0 Mr. Ronald L. Olsen Water Utility Supervisor • City of Renton 200 Mill Avenue South Renton, Washington 98055 Attention: Dear Ron: Subject: Approval for Budget Increase of Task B (Other Services) Contract CAG 061-85 Per your request, CH2M HILL has prepared this budget increase approval letter and . supporting documentation to increase the scope and budget of Task B. The purpose of this additional work is to provide continuing CH2M HILL assistance to the City of Renton regarding finalizing the Aquifer Protection Ordinance. The work scope, cost estimate, and preliminary schedule for this work are attached. The costs for this additional work have been estimated by CH2M HILL on the basis of • available information and specific assumptions as to how the work will proceed. It should be noted that the labor and expenses to actually carry out the work tasks may be less than or greater than the estimate contained herein. During the course of the project, CH2M HILL will work with the City to assess and revise the scope, costs, and schedule required to complete the project, if necessary. CH2M HILL estimates the cost of this additional work to be $11,385, in accordance with the attached estimate which is itemized by task. This estimated cost will not be exceeded without prior written authorization from the City of Renton. CH2M HILL is prepared to • begin the work upon receipt of a copy of this letter countersigned by the City of Renton. Actual work will be billed by CH2M HILL to the City of Renton on the basis of hourly labor costs of staff that work on the project, and direct e 1991 hourly the rates inti g agreement between CH2M HILL and the City of Renton. cg CH2M HILL Seattle Region are attached for reference. 206.453.5000 CH2M HILL Seattle Office p O. Box 91500,Bellevue,eWA 98009-2050 Fax 206.462.5957 Mr. Ron Olsen Page 2 July 19, 1991 SEA20080.G0 Thank you for the opportunity to provide continuing services to the City of Renton. Sincerely, CH2M HILL . 1Z- ( p Michael R. Warfel Project Manager mw/warfel/aposltr.51 City of Renton Date Mr. Ron Olsen • Page 3 July 19, 1991 SEA20080.GQ SCOPE OF WORK FOR PROVIDING CONTINUING C 2M HL FINALIZING ASSISTANCE TO TO THE CITY OF RENTON REGARDING THE AQUIFER PROTECTION ORDINANCE July 19, 1991 • Task 1. Provide Technical Assistance to Water Utility During SEPA Process - Attend public meetings/focus groups with Water Utility staff (assume 2 meetings x 2 hr/meeting): - Attend 1 public hearing with Water Utility staff (assume 2 hr). - Assist Water Utility staff in responding to questions from 2 public meetings and 1 public hearing (assume 1 hr/meeting x 3 meetings). - Meet with Water Utility staff to prepare for public meeting, public hearing, and discuss status of SEPA process (assume 3 meetings x. 3 hr/rneeting). - Deliverables: Written responses to questions from 3 public meetings. Task 2. Prepare Cost Estimate for Compliance of a Typical Facility with Requirements of the Aquifer Protection Ordinance - Estimate order-of-magnitude costs for installation and monitoring of containment devices for regulated substances, design and implementation of closure measures for regulated substance containment devices, and cleanup of unauthorized releases. - Deliverables: Written summary of order-of-magnitude cost estimates and assumptions. Task 3. Assist City with Preparation of Final Aquifer Protection Ordinance - Pursuant to comments evolving out of SEPA process and public meetings, assist City staff in preparation of final Aquifer Protection Ordinance text and Draft CH2M HILL Scope of Work Renton Aquifer Protection Ordinance June 17, 1991 Page 4 attachments. - Provide word processing servicesto incorporate revisions and produce text of final Aquifer Protection Ordinance. CH2M HILL will submit the final text to the Water Utility on disk as a Microsoft Word 5.0 file. - Deliverables: Hard copy and computer file of final Aquifer Protection Ordinance. Task 4. Assist Water Utility with Presentation of Final Aquifer Protection Ordinance to City Council - Prepare for presentation and jointly conduct presentation with Water Utility staff. Task 5. Assist Water Utility with Compilation of Final Permit System Forms, Instructions, and Informational Brochure - Work with Water Utility staff to select format and content of permit system forms, instructions, and informational brochure. (Assume 2 person-days of effort). - Deliverables: Mock-ups of forms, instructions, and informational brochure. Task 6. Assist Water Utility with Setup of Permit Data Filing System - Work with Water Utility staff to establish procedures and methods for filing data from the Aquifer Protection Area permit system. (Assume 1.5 person- days of effort). - Deliverables: Memorandum regarding filing procedures and methods. Task 7. Assist Water Utility with Technical Review of Proposed Facilities in the Aquifer Protection Area - Provide technical opinions regarding potential impacts of proposed facilities on groundwater resources; identify additional facility design information that is required to assess these impacts; summarize findings. • Draft CH2M HILL Scope of Work Renton Aquifer Protection Ordinance June 17, 1991 Page 5 - To address project applications made to City before adoption of the Aquifer Protection Ordinance. (Assume 0.5 days/month for 6 months). - CH2M HILL technical review pertains to groundwater resources only, and does not address geotechnical, structural, economic, or environmental issues not related to groundwater resources. - Deliverables: Letters to the Water Utility that summarize findings of the reviews. Task 8. Attend Miscellaneous Meetings as Requested by Water Utility - Attend unplanned meetings as requested by the Water Utility during the course of the work. (Assume 1 meeting/month x 3 hrs/meeting for 6 months). - Deliverables: Memos that summarize or clarify the results of the meetings. Draft CH2M HILL Scope of Work. Renton Aquifer Protection Ordinance June 17, 1991 Page 6 , COST ESTIMATE RENTON AQUIFER PROTECTION ORDINANCE PROJECT Person Days of Labor at Specified Rate . E-5 @ E-3 @ O/T @ TOTAL TASK $730 $530 $360 LABOR EXP. TOTAL 1. Tech Assist During SEPA 2.5 0 .5 $2,005 50 $2;055 2. Cost Est for Facil- ities to Comply w/ APO 1.0 1.0 .5 1,440 50 1,49.0 3. Prepare Final APO 1.0 0 .5 910 100 1,010 4. Present to City 365 50 415 Council .5 0 0 5. Compile Permit Forms - 1.0 1.0 .5 1,440 100 1,540 6. Setup Permit Filing .5 1.0 0 895 50 945 7. Tech Review of Facilities 3.0 0 .5 2,370 50 2,420 8. Misc Meetings 2.0 0 0 1,460 . 50 1,510 TOTALS 11.5 3.0 . 2.5 $10,885 $500 $11,385. NOTE: O/T = Office/Technician (secretarial/drafting, for example) • • • Draft CH2M HILL Scope of Work Renton Aquifer Protection Ordinance June 17, 1991 Page 7 ESTIMATED SCHEDULE RENTON AQUIFER PROTECTION ORDINANCE PROJECT TASK 7-91 8-91 9-91 10-91 111=91 12-91 l Task 1. Tech Assist During SEPA xx xx xx xx Task 2. Cost Est. for Facilities to xx x Comply Task 3. Prepare Final APO xx. Task 4. Present to City Council xx Task 5. Compile Permit Formsxx xx Task 6. Setup Permit Filing xx Task 7. Tech Review of Facilities xx xx xx xx xx xx Task 8. Misc. Meetings xx xx xxxx xx xx • • Draft CH2M HILL Scope of Work Renton Aquifer Protection Ordinance June 17, 1991 Page 8 AVERAGE HOURLY RATE SCHEDULE • CH2M HILL SEATTLE REGION 1991 IGrade (a) Hourly Rate (b), (c) 1 Grade (a) I Hourly Rate (b), (c) E0 46.46 TA 29.93 El 54.34 T1 39.38 E2 60.64 T2 45.68 E3 66.94 T3 54.34 E4 77.18 T4 59.06 • E5 87.41 T5 70.09 E6 100.80 0 36.23 E7 118.91 E8 144.11 E9 218.93 NOTES • (a) E = Engineer; T = Technician; 0 = Office (clerical) (b) Hourly rates represent an average for personnel in the specified grades. Hourly labor costs billed to the project will reflect hourly rates of the personnel who actually work on the project. (c) Hourly rate = salary cost x 2.2 November 19. 1990 Renton City Council Minutes Page 349 Public Works: Aquifer Utility Systems Division submitted the draft Aquifer Protection Ordinance Protection Ordinance for review and approval. Refer to Utilities Committee. MOVED BY MATHEWS„ SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Council President Mathews entered correspondence from Albert and Norma Garbage: Waste Sorting Arrington, 7027 South 131st Street, Seattle, received November 13, 1990, Facility, Black River stating the following concerns regarding the proposed Black River Quarry Quarry Area construction waste sorting facility: 1) Site is much too near congested areas. 2) Estimated 900 truck trips a day will further impact I-405 and Highway 181 traffic conditions. 3) Excess noise will result from truck engines, and trucks backing up and dumping materials. 4) Noise will,be generated by machinery, such as chippers grinding wood waste. 5) Exhausts of truck traffic, dust from waste, and toxic materials will create air pollution. 6) Recreation sites will be impacted, and potential hazardous conditions created for pedestrians. 7) Natural areas, such as the blue heron rookery should be protected. 8) The operation is dependent on land fills. The letter suggested consideration of on-site recycling, wood waste composting, and reuse of brick. 9) Trucks should be required to sort materials and direct wastes to appropriate recycling centers. 10) Trucks should be required to cover all loads. 11) Trucks should be banned I-405 and I-5 during rush hours. 12) Means must be employed to reduce the impact of traffic, noise, air pollution, unsightly environment, and to protect wildlife habitats. Mr. and Mrs. Arrington stated that the proposed construction waste sorting facility generates further concern because trucks may take a short cut through South 131st Street (Langston Road) which has excessive traffic, and suggested that the facility be located in a rural area. MOVED BY MATHEWS, SECONDED BY ZIMMERMAN, COUNCIL REFER THIS CORRESPONDENCE TO THE ADMINISTRATION AND THE OFFICIAL FILE. CARRIED. OLD BUSINESS Community Services Committee Chairman Zimmerman stated that the Community Services Highlands Community Church deferral of on-site improvements has been Committee under consideration for a some time, and the Committee is gratified that Public Works: Deferral, resolution of the matter has been reached that is satisfactory to concerned Highlands Community parties. Church, On-Site Improvements Ms. Zimmerman presented a Committee report stating that Highlands Community Church wished to continue the deferral of on-site improvements including parking and landscaping because they are in the process of obtaining approval to construct another church building. It was pointed out that the pavement that would have to be installed would have to be torn up to accommodate the new building. The church also claimed that the elevation of the church building would require additional parking to be removed which is not under the church footprint. The Committee has also heard complaints from the neighbors about parking violations. With respect to on-site parking, the Committee recommended that the church be required to install that portion of the parking previously deferred which is located on the right hand or south side of the walkway. This parking shall be installed no later than the end of February, 1991, unless such time is extended by the Council. The parking on the left hand or north side of the walkway will be held in abeyance. If the parking that is installed proves inadequate, or if the church is making inadequate progress toward obtaining approval to construct the church building, the Council will reconsider whether or not it wishes to have the deferred parking installed. Installation of the parking requires some drainage control. Therefore, to fully handle the on-site parking, the following three step process should be followed: 1) The paving required under this report should begin as soon as possible to be completed no later than the end of February, 1991, unless the time is extended by the Council. The remaining required parking deferred by CITY OF RENTON COUNCIL AGENDA BILL AI##: £ L ('1 Submitting Data: For Agenda of: November d. 1990 Dept/Div/Board.. Public Works/Water Utility Staff Contact Lys Hornsby, Water Quality Engineer Agenda Status Consent X Subject: Public Hearing... Aquifer Protection Ordinance Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper(10/31/90) study Sessions Aquifer Protection Ordinance Other Recommended Action: Approvals: Refer to Utilities Committee Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Summary of Action: The Water Utility is submitting the final draft of the Aquifer Protection ordinance for Council review and approval. We would like to make a presentation of the proposed Ordinance to the Utilities Committee on November 13, 1990. ww/aquifagb/LLH/ bh CITY OF RENTON MEMORANDUM DATE: October 31, 1990 TO: Nancy Mathews, Chair Renton City Council Members VIA: Mayor Clymer FROM: Lynn Guttmann,Administrator Planning/Building/Public Works STAFF CONTACT: Lys Hornsby,Water Quality Engineer SUBJECT: Aquifer Protection Ordinance ISSUE: The City's sole source of drinking water is supplied from a shallow aquifer under the City that is susceptible to contamination from surface sources. Results of the Well Field Protection Study completed in 1984 indicated the need for controls to minimize the potential for contamination of the aquifer. One part of the necessary controls is the adoption of an aquifer protection ordinance. BACKGROUND: The City has undertaken many projects to enhance protection of the shallow aquifer including the aquifer awareness program to educate the public, adoption of other ordinances such as the Underground Storage Tank Ordinance and the Hazardous Waste Treatment and Storage Facilities Ordinance, and various other projects that involve evaluating contaminant pathways, modeling the aquifer, and, installing monitoring wells. The proposed Aquifer Protection Ordinance is an additional step to protect our aquifer. The proposed Ordinance spells out restrictions and controls on the handling, storage, and use of hazardous materials and other substances within the City of Renton. These restrictions are necessary to control substances and activities within the aquifer protection areas, that may contaminate our sole source aquifer. The final draft of the Aquifer Protection Ordinance has been completed. Previous drafts have been presented to Council for information and comment. The Water Utility is now ready to present the final draft for review and approval. Issue Paper Aquifer Protection Ordinance October 31, 1990 Page 2 RECOMMENDATION: The Water Utility is submitting the Aquifer Protection Ordinance for Council review and to initiate the Council approval process. A presentation will be made to the Utilities Committee on November 13, 1990. The proposed Ordinance needs to be forwarded to the Ways and Means Committee for legislation. 3/003/LHH/bh AQUIFER PROTECTION ORDINANCE DRAFT 16 October 30, 1990 CONTENTS Section page 1. Title 3 2 . Purpose and Intent 3 A. Purpose 3 B. Intent 3 3 . Applicability 4 4. Provisions for Certain Regulated Substances Used in the Aquifer. Protection Area 6 5. Definitions 6 6. Aquifer Protection Areas and Zones 11 7. Regulations Which Apply Within Zone 1 of an APA 12 A. Removal of Existing Facilities 12 B. Review of Proposed New Facilities 12 C. Conditions for Residential Development 13 D. Pipeline Requirements 14 E. Construction Standards 15 F. Conditions for Aquifer Protection Area Operating Permits Issued to Existing Facilities 16 8. Regulations Which Apply Within Zone 2 of an APA 19 A. Existing Facilities 19 B. Review of Proposed New Facilities 19 C. Conditions for Residential Development 20 D. Construction Standards 21 E. Conditions for Aquifer Protection Area Operating Permits Issued to New and Existing Facilities 22 F. Potential to Degrade Groundwater 24 9. Regulations for Existing Solid Waste Landfills 24 10. Aquifer Protection Area Permits 25 11. Operating Permit Conditions 26 12 . Regulated Substances Management Plan 28 seaCOR/001.DOC/1 Aquifer ProtecOrdinance-DRAFT 16 October 30, 19vv Page 2 Page 13 . Unauthorized Releases 29 A. General Provisions 29 B. Unauthorized Releases Requiring Recording 29 C. Unauthorized Releases Requiring Reporting 30 14. Closure Permits and Permit Conditions 31 15. Determination of Violation 32 16. Notice of Violation 33 17. Permit Enforcement 33 18. Injunctive Relief 34 19. Other Laws, Rules, and Regulations 34 20. Penalties 34 21. Appeals 34 22 . Effective Date 35 23 . Severability 35 seaCOR/001.DOC/2 Aquifer Protecl n Ordinance-DRAFT 16 October 30, 19! _ Page 3 AOUIFER PROTECTION ORDINANCE DRAFT 16 October 30, 1990 SECTION 1: TITLE This Ordinance shall be hereinafter known as the "Aquifer Protection Ordinance," may be cited as such, will be here- inafter referred to as "this Ordinance", and same shall be and constitute Chapter , Title of Ordinance No. known as SECTION 2: PURPOSE AND INTENT A. PURPOSE The purpose of this Ordinance is to protect aquifers from contamination by regulated substances within the zone of potential capture of a well or well field and the recharge-discharge area of a spring used by the City of Renton for domestic water supply. This Ordinance establishes regulations for land uses within Aquifer Protection Areas; construction, inspection and monitoring standards for new and existing regulated substance facilities; uniform standards for release reporting, emergency response, substance management planning, closure and abandonments, and enforcement; and permit procedures. B. INTENT It is the intent of this Ordinance to provide a method: 1. To protect the groundwater resources of the City of Renton. 2 . To provide a means of regulating specific land uses within Aquifer Protection Areas. 3 . To provide a means of establishing safe con- struction practices for projects built within an Aquifer Protection Area. 4. To protect the City of Renton's drinking water supply from impacts by facilities that store, handle, transport, treat, use, or produce substances that pose a hazard to groundwater quality. seaCOR/001.DOC/3 Aquifer Protec In Ordinance-DRAFT 16 October 30, 1990 Page 4 5. To protect public health and the environment by implementing the State Environmental Policy Act (RCW 43.21.C) . 6. To extend the provisions of this Ordinance beyond the boundaries of the City of Renton in accordance with Chapter 35.88 of the Revised Code of Washington. In addition to the provisions of this Ordinance, secondary containment and monitoring requirements for regulated substances stored in underground storage facilities are established in Title VII, Chapter 2, Underground Storage and Secondary Containment Ordi- nance, of the Code of the City of Renton. In addition to the provisions of this Ordinance, all hazardous substance facilities and installations shall meet all applicable provisions and requirements of Articles 80 of the Uniform Fire code, and City of Renton Ordinance No. 4186, Zoning Requirements for Hazardous Waste Treatment and Storage Facilities. SECTION 3: APPLICABILITY A. Persons who own and/or operate one or more facilities in an Aquifer Protection Area (APA) shall comply with this Ordinance. If the operator of the facility is not the owner, then the owner shall enter into a written contract with the operator requiring the operator to comply with this Ordinance. Execution of this contract between the owner and operator shall not absolve the owner of the legal responsibility for compliance. 1. Any person who owns or operates more than one facility in a single Zone of the APA shall have the option of obtaining one permit for all opera- tions if the operations at each facility are sim- ilar and the permit requirements under this Ordinance are applicable to each facility individually. B. Within twelve (12) months of the effective date of this Ordinance, all existing facilities located in Zone 1 of an APA must comply with the permitting requirements of this Ordinance including construction, containment, monitoring, and inspection, and must have an approved Regulated Substances Management Plan. C. Within two (2) years of the effective date of this Ordinance, all existing facilities located in Zone 2 of seaCOR/001.DOC/4 Aquifer Protec:..L.n Ordinance-DRAFT 16 October 30, 1990 Page 5 an APA must comply with the permitting requirements of this Section including construction, containment, mon- itoring, and inspection, and must have an approved Regulated Substances Management Plan. D. All proposals for new facilities within any Zone of an Aquifer Protection Area must be reviewed for compliance with this Ordinance including obtaining an Operating permit pursuant to this Ordinance, prior to issuance of any underlying permits. E. All construction activities which occur within Zones 1 and 2 of an Aquifer Protection Area, including con- struction of new structures, or repair, maintenance and/or expansion of existing structures, must comply with this Ordinance. F. All owners and/or operators of facilities which have stored, handled, transported, treated, used, or pro- duced regulated substances in the past, or have the ability to do so in the future must comply with the permit requirements, release reporting requirements, and closure requirements as set forth in this Ordinance. G. All Aquifer Protection Area Permits must be renewed by the Utility on an annual basis. H. The storage and handling of regulated substances for resale in their original unopened containers of five (5) gallons or forty (40) pounds or less shall be exempt from the permit requirements of this Ordinance. I. De Minimus Usage of Regulated Substances: Facilities that use, store, or handle regulated substances in containers of one (1) gallon or eight (8) pounds or less, and the aggregate volume of regulated substances is twenty (20) gallons or one-hundred (100) pounds or less, shall be exempt from the permit requirements of this Ordinance. J. Single family residences are exempt from the permit requirements of this Ordinance provided that no home business (as defined by Title 4, Chapter 31 of the Code of the City of Renton) is operated on the premises. K. Gasoline or diesel tanks attached to private or commercial motor vehicles and used directly in the propulsion of that vehicle shall be exempt from the provisions of this Ordinance. seaCOR/001.DOC/5 Aquifer Protec__in Ordinance-DRAFT 16 October 30, 1990 Page 6 L. If the Utility determines that an existing or proposed activity, that is exempt from the permit requirements of this Ordinance pursuant to this section, has a potential to degrade groundwater quality, then the Utility may classify that activity as a facility as defined by this Ordinance, and therefore require that facility to comply with the permit requirements of this Ordinance. SECTION 4: PROVISIONS FOR CERTAIN REGULATED SUBSTANCES USED IN THE AQUIFER PROTECTION AREA. A. The use of certain regulated substances such as pesti- cides, herbicides, and fungicides in recreational, agricultural, pest control, and weed control activities shall be allowed in an APA provided that: 1. The use is in strict conformity with the use requirements as set forth by the EPA and as indi- cated on the containers in which the substances are sold; and 2 . The user applies for an Aquifer Protection Area Operating Permit. B. The use of fertilizers containing nitrates shall be allowed in an APA provided that: 1. No application of nitrate-containing materials shall exceed one-half (0.5) pound of nitrogen per thousand square feet per single application or a total yearly application of five (5) pounds of nitrogen per thousand square feet; except that an approved slow-release nitrogen may be applied in concentrations of up to eight (8) pounds of nitrogen per thousand square feet per year; and 2 . The user applies for a Aquifer Protection Area Operating Permit. C. The use requirements of this section may be revised on the basis of changes in technical knowledge. SECTION 5: DEFINITIONS A. AQUIFER shall mean a groundwater-bearing geologic formation or formations that contain enough saturated permeable material to yield significant quantities of water to wells. seaCOR/001.DOC/6 Aquifer Protec'_ In Ordinance-DRAFT 16 October 30, 1990 Page 7 B. AQUIFER PROTECTION AREA (APA) shall be the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City of Renton or the recharge-discharge area of a spring used for water supply by the City of Renton, as defined in City of Renton Ordinances 1557 and 3829, and City of Renton Resolutions 2715, 2735, and 2748. C. AQUIFER PROTECTION AREA PERMIT shall mean an authorization by the Utility for a person to store, handle, transport, treat, use or produce a regulated substance within an APA. The two types of permits that will be issued pursuant to this Ordinance are an Operating Permit and a Closure Permit. D. AQUIFER PROTECTION ZONES are zones of an APA designated to provide graduated levels of aquifer protection.. Each APA may be subdivided into two aquifer protection zones: 1. Zone 1: The land area situated between a well or well field owned by the City of Renton and the 365-day groundwater travel time contour, or the local recharge-discharge area of a spring used for water supply by the City of Renton. 2 . Zone 2: The land area situated between the 365- day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City of Renton or the boundary of the recharge area of a spring used for water supply by the City of Renton. 3. Protected APA designated Zone 2: If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata, the City of Renton may choose not to subdivide an APA into two zones. In such a case, the entire APA will be designated as Zone 2. E. CONSTRUCTION ACTIVITIES means . construction and all , activities associated with construction, to include, but not be limited to, mining, grading, landfilling, and excavating. F. CONTAINMENT DEVICE means a device that is designed to contain an unauthorized release, retain it for cleanup, and prevent released materials from penetrating into the ground. seaCOR/001.DOC/7 Aquifer Protect 1 Ordinance-DRAFT 16 October 30, 1990 Page 8 G. EPA shall mean the United States Environmental Protec- tion Agency. H. FACILITY means all contiguous land, structures (except for underground storage facilities as defined in Title VII, Chapter 2 of Renton City Code) , other appurte- nances, and improvements on the land wherein regulated substances are stored, handled, transported, treated, used, or produced. Storm . sewers, sanitary sewers, interstate freeways, state highways, arterials, and railroads are facilities for purposes of construction standards review and operations. I. GROUNDWATER means water below the land surface in the zone of saturation. J. GROUNDWATER MONITORING WELL means a small-diameter well installed for purposes of sampling and monitoring groundwater. K. HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACIL- ITY means any facility regulated pursuant to 40 CFR 264 or 265, or WAC 173-303-280 through WAC 173303-670. L. OPERATOR means any person in control of, or having responsibility for, the daily operation of a facility. M. OWNER includes his duly authorized agent or attorney, a purchaser, devisee, fiduciary, and/or a person having vested or contingent interest in the property and/or facility in question. N. PERSON shall mean any person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, owner, lessee, tenant, or any other entity whatsoever or any combination of such, jointly or severally. O. PIPELINE shall mean buried pipe systems (including all pipe, pipe joints, fittings, valves, manholes, sumps, and appurtenances that are in contact with the sub- stance being transported) utilized for the conveyance of regulated substances. Pipelines include, but are not limited to, sanitary sewers, storm sewers, leachate pipelines, and product pipelines. P. POTABLE WATER shall mean water that is satisfactory for drinking, culinary, and domestic purposes meeting cur- rent county, state, and federal drinking water standards. seaCOR/001.DOC/8 • Aquifer Protect 1 Ordinance-DRAFT 16 October 30, 199 Page 9 Q. REGULATED SUBSTANCES shall mean any flammable liquids, combustible liquids, hazardous materials, and other substances, which are more particularly defined as: 1. FLAMMABLE LIQUID is any liquid having a flash point below 100 F and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 F. 2. COMBUSTIBLE LIQUID is a liquid having a flash point at or above 100 F. 3. HAZARDOUS MATERIALS shall include such materials as flammable solids, corrosive liquids, radio- active materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hyperbolic materials, and pyrophoric materials as defined in Article 9 of the Uniform Fire Code and any substance or mixture of substances which is an irritant or a strong sensitizer or which generates pressure through exposure to heat, decomposition, or other means. 4. OTHER SUBSTANCES shall mean: a. A Hazardous Substance as defined by Sec- tion 101(14) of the Comprehensive Environ- mental Response, Compensation, and Liability Act (CERCLA) , or (1) any substance designated pursuant to Section 311(b) (2) (A) of the Clean Water Act (CWA) ; (2) any element, com- pound, mixture, solution, or substance designated pursuant to Section 102 of CERCLA; (3) any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not including any waste, the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress) ; (4) any toxic pollutant listed under Section 307 (a) of the CWA; and (5) any imminently hazardous chemical substance or mixture with respect to which EPA has taken action pursuant to Section 7 of the Toxic Substances Control Act. b. Hazardous Substances that include any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological seaCOR/001.DOC/9 Aquifer Protec n Ordinance-DRAFT 16 October 30, 1990 Page 10 properties described in WAC 173-303-090, 173- 303-101, 173-303-102, or 173-303-103. c. Hazardous Waste as designated in WAC 173-303 as dangerous or extremely hazardous waste. d. Any material that may degrade groundwater quality when improperly used, stored, trans- ported, disposed of, or otherwise mismanaged. R. REGULATED SUBSTANCES MANAGEMENT PLAN shall mean a plan containing procedures to be followed to prevent, con- trol, collect, and dispose of any unauthorized release of a regulated substance. S. SOLID WASTE shall be defined as per Chapter 173-304 WAC, Minimal Functional Standards for Solid Waste Handling, WAC 173-304-100 (73) . T. UNAUTHORIZED RELEASE means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from a facility into a containment system, into the air, into groundwater, surface water, surface soils or subsurface soils. Unauthorized release does not include intentional withdrawals of regulated substances for the purpose of legitimate sale, use, or disposal. U. UNDERGROUND STORAGE FACILITY shall be defined as in City of Renton Ordinance No. 4147, Underground Storage Tank Secondary Containment Ordinance, Section 7- 1204 (T) . V. UNDERLYING PERMITS shall mean permits required for construction activities by the City of Renton, including building permits; conditional use permits; mining, excavation, and fill and grade permits; shoreline development permits; site plan reviews; variance rezones; planned unit developments; and subdivision, short subdivision, and land use permits. W. UTILITY shall mean the City of Renton Water Works Utility. X. UTILITY STANDARDS shall mean standard design and con- struction practices adopted by the Utility. Y. WELL FIELD shall mean an area which contains one or more wells for obtaining a potable water supply. Z. WELL shall mean a pit or hole dug into the earth to reach an aquifer. seaCOR/001.DOC/10 Aquifer Protec n Ordinance-DRAFT 16 October 30, 1990 Page 11 SECTION 6: AQUIFER PROTECTION AREAS AND ZONES A. The locations of Aquifer Protection Areas in the City of Renton are defined in Ordinance 2735. Aquifer Pro- tection Area Maps are on file with the City Clerk, the Department of Planning/Building/Public Works, and the Renton Fire Department. B. Determination of location within a Zone of an Aquifer Protection Area: In determining the location of facilities within the zones depicted on the APA maps, the following rule shall apply. 1. Facilities located wholly within an aquifer pro- tection zone shall be governed by the restrictions applicable to that zone. 2. Facilities having parts lying within more than one zone of an APA shall be governed as follows: each part of the facility shall be reviewed and regu- lated by the requirements set forth in this Ordi- nance for the zone in which that part of the facility is actually located. 3 . Facilities having parts lying both in and out of an APA shall be governed as follows: a. That portion which is within an APA shall be governed by the applicable restrictions in this ordinance, and b. That portion which is not in an APA shall not be governed by this ordinance except that this provision shall not be construed to limit review under the State Environmental Policy Act. C. The Aquifer Protection Area which is identified herein is designated as an Environmentally Sensitive Area pursuant to the State Environmental Policy Act, WAC 197-11-908, and Title IV, Chapter 7, Section 4-2828 of the City Code. The following SEPA categorical exemptions shall not apply within said area:- WAC 197- 11-800: (1) , (2) a through h, (3) , (5) , 6(a) , 14 (c) , (24) a through g, (25) h; and Chapter 7, Section 4-2826 of this Code. seaCOR/001.DOC/11 Aquifer Protect__n Ordinance-DRAFT 16 October 30, 1990 Page 12 SECTION 7: REGULATIONS WHICH APPLY WITHIN ZONE 1 OF AN APA A. REMOVAL OF EXISTING FACILITIES 1. Five (5) years after the effective date of this ordinance, the storage, handling, usage, treatment or production of any regulated substance at existing facilities shall not be allowed within Zone 1 of an APA. In the interim, the storage, handling, transport, usage, treatment or production of any regulated substance shall be allowed only at existing facilities and as provided herein. 2. Should any existing facility within Zone 1 of an APA be determined by the Utility to be exception- ally hazardous, then regulated substance activi- ties of that facility shall cease within eighteen (18) months of the date of the determination. The determination must be based on present or past activities conducted at the facility; regulated substances stored, handled, transported, treated, used or produced; and the potential for the activities or regulated substances to degrade the groundwater quality. Should any facility cause a contamination incident which threatens water quality, such incident may be the basis for the determination of exceptional hazard. 3 . Closure of a facility or termination of any or all facility activities shall be conducted in accordance with the closure requirements (Section 14) of this Ordinance. B. REVIEW OF PROPOSED NEW FACILITIES 1. Within Zone 1 of an APA, no changes in land use and no construction activities shall be permitted unless a finding is made by the Utility that the proposal will not impact the long term, short term or cumulative quantity or quality of the aquifer. The finding shall be based on the present or past activities conducted at the facility; regulated substances stored, handled, transported, treated, used or produced; and the potential for the activities or regulated substances to degrade groundwater quality. 2 . Land uses and types of facilities which are prohibited within Zone 1 of an APA include, but are not limited to: any use in which regulated substances are used, stored, treated, or handled; seaCOR/001.DOC/12 Aquifer Protec' .m Ordinance-DRAFT 16 October 30, 1990 Page 13 or which produces moderate risk waste, hazardous waste, and/or dangerous waste. The use of hazardous substances in de minimus quantities as defined in Section 5 of this ordinance shall be exempt from this provision. 3. The following specific land uses and types of facilities will be prohibited within Zone 1 of an APA: surface impoundments; waste piles; hazardous waste treatment, storage, and disposal facilities; all types of landfills including solid waste landfills; transfer stations; septic systems; recycling facilities that handle regulated sub- stances; underground storage facilities; and petroleum-product pipelines. 4. All applications for changes in land uses and for all underlying permits in Zone 1 of the APA must be reviewed for compliance with this Ordinance. The focus of review for all permits will be on the activities to be conducted; substances that will be stored, handled, transported, treated, used or produced; and the potential for these activities or substances to degrade the groundwater quality. All permits required pursuant to this Ordinance must be issued prior to or concurrent with the issuance of permits for construction activities or underlying permits for these activities. 5. All proposals for changes in land use or for construction activities must be accompanied by a binding site development plan and shall be subject to site plan review pursuant to Title IV, Chap- ter 7, Section 4-738. C. CONDITIONS FOR RESIDENTIAL DEVELOPMENT 1. New residential development shall, as a condition of approval, be required to connect to a central sewer system prior to occupancy. 2. The use of heating oil is prohibited in any new residential development. 3. Existing residential units may be required to connect to a central sewer system as a requirement of any Building Permit issued for the property. 4 . All existing residential units which are within 200 feet of an existing sanitary sewer shall be required to connect within twelve (12) months of the passage of this ordinance. All existing seaCOR/001.DOC/13 Aquifer Protec In Ordinance-DRAFT 16 October 30, 1990 Page 14 residential units which are located within 200 feet of a new sanitary sewer line shall be required to connect within twelve (12) months of the availability of the new sewer line. D. PIPELINE REQUIREMENTS 1. All new and existing pipelines in Zone 1 shall be constructed or repaired in accordance with material specifications contained in Exhibit 2. All new pipelines constructed in Zone 1 shall be tested for leakage in conformance with this para- graph prior to being placed into service. Pipeline leakage testing shall be conducted in accordance with best available technology, to the satisfaction of the Utility. Pipeline leakage testing methods shall be submitted to the Utility for review prior to testing and shall include: a detailed description of the testing methods and technical assumptions; accuracy and precision of the test; proposed testing durations, pressures, and lengths of pipeline to be tested; and scale drawings of the pipeline(s) to be tested. Upon completion of testing, pipeline leakage testing results shall be submitted to the Utility and shall include: a detailed description of the testing methods and technical assumptions; accuracy and precision of the test; record of testing durations, pressures, and lengths of pipeline tested; weather conditions at the time of testing; and scale drawings of the pipeline(s) tested. Routine leakage testing of new pipelines con- structed in Zone 1 may be required by the Utility. 3 . If the Utility has reason to believe that the operation or proposed operation of an existing pipeline in Zone 1 of an APA may degrade ground- water quality, the Utility may require leakage testing of the existing pipeline in accordance with paragraph 2 of this section. Routine leakage testing of existing pipelines in Zone 1 may be required by the Utility. 4. Should pipeline leakage testing reveal any leakage at any level then the Utility shall require repairs to the pipeline to the satisfaction of the Utility such that no infiltration of water into the pipeline or exfiltration of substances seaCOR/001.DOC/14 Aquifer Protection Ordinance-DRAFT 16 October 30, 1990 Page 15 conveyed in the pipeline shall occur. Any repairs which are made shall be tested for leakage pur- suant to paragraph 2 of this subsection. E. CONSTRUCTION STANDARDS The following standards will be followed for any con- struction activity which shall be undertaken within Zone 1 of an APA for any underlying permit issued for the project. These standards shall be included as conditions of the building permit: 1. No temporary storage of regulated substances on a construction site shall be permitted unless it can be demonstrated that no other feasible site alternative exists. Should regulated substance storage be permitted, then such storage shall be limited to a period not to exceed five (5) days. 2. The building permit shall specify those regulated substances to be used and/or temporarily stored on the construction site. These substances shall be limited to the absolute minimum quantity required to accomplish the specific task. 3 . All regulated substances stored temporarily on a construction site shall be contained within leak- proof membranes surrounded with temporary retain- ing curbs. The location of temporary storage must be specified on the building plans. 4. The construction staging area shall be located in Zone 1 of an APA only if no feasible site exists outside Zone 1. The staging area shall be limited to the minimum area absolutely required. The staging site must be specified on the approved building plans. 5. The use of petroleum products on site shall be limited during construction to that amount which is absolutely required. 6. All refueling of construction equipment shall take place outside of Zone 1 if feasible. If such refueling is not feasible, then the refueling area must be covered with a leak-proof membrane sur- rounded by temporary retaining walls. 7. All construction equipment shall be "bibbed" to catch minor drips of petroleum products. Bibs shall be drained and cleaned a minimum of once each day. Any vehicle which is known to be seaCOR/OO1.DOC/15 Aquifer Protec n Ordinance-DRAFT 16 October 30, 197v Page 16 leaking petroleum products, including fuel or hydraulic fluid, shall be prohibited on the construction site. 8. The contractor shall comply with all applicable laws relating to disposal of hazardous substances and shall be contractually responsible for ensur- ing that all subcontractors comply as well. F. CONDITIONS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO EXISTING FACILITIES The following conditions will be required as part of any Operating Permit issued in Zone 1 of an APA: 1. Groundwater Monitoring: Each owner of a facility shall, at its own expense, install one or more groundwater monitoring wells as determined by and in a manner approved by the Utility. Every owner shall, at its own expense, sample groundwater in each monitoring well within thirty (30) days of completing well construction and semiannually thereafter, and obtain independent analytical results of the presence and concentration of those chemicals identified by the Utility in the permit (including breakdown and transformation products) . The analytical results shall be obtained through the use of the EPA- approved methods for water. The results shall be filed within 72 hours with the Utility. 2 . Containment: Every owner ofa facility shall provide containment devices adequate in size to contain _ on-site any unauthorized release of regulated substances from any area where these substances are either stored, handled, transported, treated, used, or produced. Containment devices shall prevent such substances from penetrating into the ground. This provision also applies to releases that may mix with storm runoff. Design requirements for containment devices are follows: a. The containment device shall be large enough to contain 110 (one hundred ten) percent of the volume of the container in cases where a single container is used to store, handle, transport, treat, use, or produce a regulated substance. In cases where multiple con- tainers are used, the containment device shall be large enough to contain 150 percent of the volume of the largest container or seaCOR/001.DOC/16 Aquifer Prot ion Ordinance-DRAFT 16 October 30, 1990 Page 17 10 percent of the aggregate volume of all containers, whichever is greater. Where fire hose sprinkler systems are used, the containment device shall be sized to include the additional volume required to contain water from the system over the minimum design area for a period of 20 minutes. b. All containment devices shall be constructed of materials of sufficient thickness, den- sity, and composition to prevent structural weakening of the containment device as a result of contact with any regulated sub- stance. If coatings are used to provide chemical resistance for containment devices, they shall also be resistant to the expected abrasion and impact conditions. Containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detec- tion and removal of the release. c. If the containment device is open to rain- fall, then it shall be able to accommodate the volume of precipitation that could enter the containment device during a 24-hour, 100- year storm, in addition to the volume of the regulated substance storage required in Sub- section 2a above. d. Containment devices shall be constructed so that a collection system can be installed to accumulate, temporarily store, permit detec- tion of the presence of, and permit removal of any storm runoff or regulated substance. e. Containment devices shall include monitoring procedures or technology capable of detecting the presence of a regulated substance within 24 hours following a release. 3 . Regulated Substance Monitoring Requirements for Existing Facilities a. The owners or operators of all existing facilities shall implement regulated sub- stances monitoring as part of the Regulated Substances Management Plan required by Sec- tion 12 of this Ordinance. Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually monitor. seaCOR/001.DOC/17 Aquifer Protec in Ordinance-DRAFT 16 October 30, 1990 Page 18 b. All regulated substance monitoring activities shall include the following: 1. A written routine monitoring procedure which includes, when applicable: the frequency of performing the monitoring method, the methods and equipment to be used for performing the monitoring, the locations(s) from which the monitoring will be performed, the name(s) or titles(s) of the person(s) responsible for performing the monitoring and/or maintaining , the equipment, and the reporting format. 2. Written records of all monitoring per- formed shall be maintained on-site by the operator for a period of 3 years from the date the monitoring was per- formed. The Utility may require the submittal of the monitoring records or a summary at a frequency that the Utility may establish. The written records of all monitoring performed in the past 3 years shall be shown to the Utility upon demand during any site inspection. Monitoring records shall include but not be limited to: a. The date and time of all monitoring or sampling; b. Monitoring equipment calibration and maintenance records; c. The results of any visual observations; d. The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets; e. The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test results; and f. The results of inventory readings and reconciliations. seaCOR/001.DOC/18 Aquifer Protec >n Ordinance-DRAFT 16 October 30, 19 Page 19 3 . Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually monitor. SECTION 8: REGULATIONS WHICH APPLY WITHIN ZONE 2 OF AN APA A. EXISTING FACILITIES The storage, handling, transport, treatment, use or production of regulated substances at existing facili- ties shall be allowed within Zone 2 of an APA upon com- pliance with the provisions of this Ordinance. B. REVIEW OF PROPOSED NEW FACILITIES 1. Within Zone 2 of an APA, no changes in land use and no construction activities will be permitted unless a finding is made by the Utility that the proposal will not impact the short- term, long- term, or cumulative quantity or quality of groundwater. Mitigation may be implemented to the satisfaction of the Utility. The Utility will make its finding based on present or past activi- ties conducted at the facility; regulated sub- stances stored, handled, transported, treated, used or produced; and the potential for the activities or regulated substances to degrade groundwater quality. 2 . Proposals for changes in land use or construction activities will be reviewed on a case-by-case basis at the time that applications for any underlying permits are filed with the City of Renton. The focus of the review will be on activities to be conducted; regulated substances that will be stored, handled, transported, treated, used, or produced; and the potential for these activities or regulated substances to degrade groundwater quality. 3 . Land uses and types of facilities which shall be prohibited within Zone 2 of an APA include but are not limited to: hazardous waste surface impound- ments; waste piles; recycling facilities that handle regulated substances; hazardous waste treatment and storage facilities; solid waste. landfills; transfer stations; septic systems; and petroleum product pipelines. seaCOR/001.DOC/19 Aquifer Protec >n Ordinance-DRAFT 16 October 30, 1990 Page 20 4. Those land uses of concern include any use which includes regulated substances or produces moderate risk waste, hazardous waste, or dangerous waste. 5. All proposals for changes in land use or for con- struction activities must be accompanied by a binding site development plan and shall be subject to site plan review pursuant to Title IV, Chapter 7, Section 4-738. C. CONDITIONS FOR RESIDENTIAL DEVELOPMENT 1. New residential development shall, as a condition of approval, be required to connect to a central sanitary sewer system prior to occupancy. 2 . The use of heating oil is prohibited in any new residential development. 3. Existing residential units may be required to connect to a central sanitary sewer system as a requirement of any Building Permit issued for the property. 4 . Sanitary sewers shall be constructed in accordance with prevailing American Public Works Association (APWA) standards with respect to minimum allowable infiltration and exfiltration. 5. Management of storm water runoff shall be accomplished in accordance with the requirements of Chapter 22, Storm and Surface Water Drainage, as amended by Ordinance No. 4269. D. CONSTRUCTION STANDARDS The following standards will be followed for any con- struction activity which shall be undertaken within Zone 2 of an APA for any underlying permit issued for the project. These standards shall be included as conditions of the building permit: 1. No temporary storage of regulated substances on a construction site shall be permitted unless it can be demonstrated that no other feasible site alternative exists. Should regulated substance storage be permitted, then such storage shall be limited to a period not to exceed five (5) days. 2. The building permit shall specify those regulated substances to be used and/or temporarily stored on the construction site. These substances shall be seaCOR/001.DOC/20 Aquifer Protec In Ordinance-DRAFT 16 October 30, 1990 Page 21 limited to the absolute minimum quantity required to accomplish the specific task. 3 . All regulated substances stored temporarily on a construction site shall be contained within leak- proof membranes surrounded with temporary retain- ing curbs. The location of temporary storage must be specified on the building plans. 4. The construction staging area shall be located in Zone 2 of an APA only if no feasible site exists outside Zone 2. The staging area shall be limited to the minimum area absolutely required. The staging site must be specified on the approved building plans. 5. The use of petroleum products on site shall be limited during construction to that amount which is absolutely required. 6. All refueling of construction equipment shall take place outside of Zone 2 if feasible. If such refueling is not feasible, then the refueling area must be covered with a leak-proof membrane sur- rounded by temporary retaining walls. 7. All construction equipment shall be "bibbed" to - catch o -catch minor drips of petroleum products. Bibs shall be drained and cleaned a minimum of once each day. Any vehicle which is known to be leak- ing petroleum products, including fuel or hydraulic fluid, shall be prohibited on the con- struction site. 8. The contractor shall comply with all applicable laws relating to disposal of hazardous substances and shall be contractually responsible for ensur- ing that all subcontractors comply as well. E. CONDITIONS FOR AQUIFER PROTECTION AREA OPERATING PERMITS ISSUED TO NEW AND EXISTING FACILITIES The following conditions will be required as part of any permit issued in Zone 2 of an APA: 1. Containment: Every owner of a facility shall provide containment devices adequate in size to contain on-site any unauthorized release of regulated substances from any area where these substances are either stored, handled, transported, treated, used, or produced. Containment devices shall prevent such substances seaCOR/001.DOC/21 Aquifer Prote Dn Ordinance-DRAFT 16 October 30, 1__ _ Page 22 from penetrating into the ground. This provision also applies to releases that may mix with storm runoff. Design requirements for containment devices are follows: a. The containment device shall be large enough to contain 110 (one hundred ten) percent of the volume of the container in cases where a single container is used to store, handle, transport, treat, use, or produce a regulated substance. In cases where multiple con- tainers are used, the containment device shall be large enough to contain 150 percent of the volume of the largest container or 10 percent of the aggregate volume of all containers, whichever is greater. Where fire hose sprinkler systems are used, the contain- ment device shall be sized to include the additional volume required to contain water from the system over the minimum design area for a period of 20 minutes. b. All containment devices shall be constructed of materials of sufficient thickness, den- sity, and composition to prevent structural weakening of the containment device as a result of contact with any regulated sub- stance. If coatings are used to provide chemical resistance for containment devices, they shall also be resistant to the expected abrasion and impact conditions. Containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release. c. If the containment device is open to rain- fall, then it shall be able to accommodate the volume of precipitation that could enter the secondary container during a 24-hour, 100-year storm in addition to the volume of the regulated substance storage required in Subsection 1.a above. d. Containment devices shall be constructed so that a collection system can be installed to accumulate, temporarily store, permit detec- tion of the presence of, and permit removal of any storm runoff or regulated substance. e. Containment devices shall include monitoring procedures or technology capable of detecting seaCOR/001.DOC/22 Aquifer Protec )n Ordinance-DRAFT 16 October 30, 19 Page 23 the presence of a regulated substance within 24 hours following a release. 2. Regulated Substance Monitoring Requirements for New and Existing Facilities a. The owners or operators of all existing and new facilities shall implement regulated substance monitoring as part of the Regulated Substances Management Plan required by Sec- tion 12 of this Ordinance. b. All regulated substance monitoring activi- ties shall include the following: 1. A written routine monitoring procedure which includes, when applicable: the frequency of performing the monitoring method, the methods and equipment to be used for performing the monitoring, the locations(s) from which the monitoring will be performed, the name(s) or titles(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment, and the reporting format. 2. Written records of all monitoring per- formed shall be maintained on-site by the operator for a period of 3 years from the date the monitoring was per- formed. The Utility may require the submittal of the monitoring records or a summary at a frequency that they may establish. The written records of all monitoring performed in the past 3 years shall be shown to the Utility upon demand during any site inspection. Monitoring records shall include but not be limited to: a. The date and time of all monitoring or sampling; b. Monitoring equipment calibration and maintenance records; c. The results of any visual observations; d. The results of all sample analysis performed in the laboratory or in seaCOR/001.DOC/23 Aquifer Protec n Ordinance-DRAFT 16 October 30, 19-- Page 24 the field, including laboratory data sheets; e. The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test results; and f. The results of inventory readings and reconciliations. 3. Visual monitoring must be implemented unless it is determined by the Utility to be infeasible to visually monitor. F. POTENTIAL TO DEGRADE GROUNDWATER 1. If the Utility determines that an existing or proposed facility located in Zone 2 of an APA has a potential to degrade groundwater quality which equals or exceeds that of a permitted facility in Zone 1, then the Utility may require that facility to comply with Section 7 of this Ordinance. 2 . The Utility will make its determination based on the present or past activities conducted at the facility; regulated substances stored, handled, transported, treated, used or produced; and the potential for the activities or regulated sub- stances to degrade groundwater quality. SECTION 9: REGULATIONS FOR EXISTING SOLID WASTE LANDFILLS A. All existing solid waste landfills located within APA Zones 1 and 2 shall comply with the provisions of the Washington State Minimum Functional Standards for Solid Waste Handling (WAC 173-304) and the King County Board of Health Rules and Regulations No. 8, Minimum Functional Standards for Solid Waste Handling. B. All waste materials shall be placed at least ten feet above the seasonal high level of groundwater in the uppermost aquifer. C. The Utility shall have the authority to inspect and screen any excavated dirt, soil or other material prior to placement in a solid waste landfill if the material is suspected of containing contaminants at levels which may impact groundwater quality. The Utility may require the owner to conduct a sampling program to seaCOR/001.DOC/24 Aquifer Protect n Ordinance-DRAFT 16 October 30, 19! Page 25 determine if contaminants are present in materials prior to landfilling. D. The Utility shall have the authority to require an owner of a solid waste landfill to submit a groundwater monitoring program. The program shall include: 1. Number, locations and depths of monitoring wells to be installed; and 2. Monitoring well drilling and construction methods; and 3. Groundwater sample collection, shipment and handling procedures, including the frequency of sampling; and 4 . List of constituents to be analyzed, including test methods; and 5. Procedure for measuring groundwater elevation; and 6. A statistical procedure for determining whether a significant change over background has occurred; and 7. A procedure for regular reporting of monitoring results to the Utility. SECTION 10: AQUIFER PROTECTION AREA PERMITS A. No person, persons, corporation, or other legal enti- ties shall install or operate a facility in an APA without first obtaining an Operating Permit from the Utility and a permit from the Department pursuant to the Uniform Fire Code, if required. B. The Utility shall not issue an Operating Permit for a facility unless adequate plans, specifications, test data, and/or other appropriate information has been submitted by the owner and/or operator showing that the proposed design and construction of the facility meets the intent and provisions of this Ordinance and will not impact the short term, long term or cumulative quantity or quality of groundwater. C. No person, persons, corporation or other legal entity shall temporarily or permanently abandon a facility in an APA without complying with the closure sections of this Ordinance. seaCOR/001.DOC/25 • Aquifer Protec — on Ordinance-DRAFT 16 October 30, 15 Page 26 D. No person, persons, corporation or other legal entity shall close a facility without first obtaining a Clo- sure Permit to do so from the Utility. The Utility shall not issue a permit to temporarily or permanently close a facility unless adequate plans and specifica- tions and other appropriate information has been sub- ' mitted by the applicant showing that the proposed closure meets the intent and provisions of this Ordinance. E. The application for Operating and Closure Permits pur- suant to this Ordinance shall be made in a form acceptable to the City and shall be accompanied by the established fee, as described in Chapter 1, Title V of Ordinance 4260. F. All permittees, before final issuance of an Operating Permit or a Closure Permit, shall execute a bond to the City of Renton in accordance with Chapter 2, Title V of Ordinance No. 4260. SECTION 11: OPERATING PERMIT CONDITIONS Specific conditions for Operating Permits issued to facili- ties in Zones 1 and 2 of an APA are described in Sections 7 and 8 of this Ordinance, respectively. The following gen- eral conditions shall be included as part of any Operating permit issued pursuant to this Ordinance: A. Restrictive covenants to be placed on property title: Prior to the issuance of an Operating Permit the applicant shall file, with the appropriate county recording department, a statement to run with the property that development of the property is subject to land use limitations because it is located in an APA. This statement shall identify whether the property is in Zone 1 or Zone 2 of an APA. B. The Operating Permit application shall include at a minimum: 1. A list of all regulated substances in containers of more than one (1) gallon or eight (8) pounds, including their quantities, which are stored, handled, transported, treated, used, or produced at the facility being permitted. 2. A list of the chemicals to be monitored through the analysis of groundwater samples if groundwater monitoring is anticipated to be required. seaCOR/001.DOC/26 Aquifer Protect 1 Ordinance-DRAFT 16 October 30, 199 Page 27 3 . A detailed description of the activities conducted at the facility that involve the storage, handling, transport, treatment, use or production of regulated substances in containers of more than one (1) gallon or eight (8) pounds in size. 4. A description of the containment devices used to comply with the requirements of this Ordinance. 5. A proposed Regulated Substances Management Plan for the facility. 6. A description of the procedures for inspection and maintenance of containment devices. 7. A description of how regulated substances will be disposed. 8. A site map showing the location of the facility and its property boundaries and the locations where regulated substances in containers larger than one (1) gallon or eight (8) pounds in size are stored, handled, transported, treated, used, produced. The location of each containment device also should be identified on the site plan. C. Procedures for the daily in-house inspection and main- tenance of containment devices and areas where regu- lated substances are stored, handled, transported, treated, used, and produced shall be identified in the Operating permit for each facility. Such procedures shall be in writing, and a log shall be kept of all inspection and maintenance activities. Such logs shall be submitted to the Utility annually and shall be available for inspection. Inspection and maintenance logs shallbe maintained on-site by the owner or operator for a period of at least 3 years from the date the monitoring was performed. D. The permittee shall report to the Utility within 15 days after any changes in a facility including: a. The storage, handling, transportation, treatment, use, or processing of new regulated substances; b. Changes in monitoring procedures; or c. The replacement or repair of all or part of any facility. E. The permittee shall report to the Utility any unauthorized release occurrence, within 24 hours of its seaCOR/001.DOC/27 Aquifer Protect 1 Ordinance-DRAFT 16 October 30, 1990 Page 28 detection, in accordance with Section 13 of this Ordinance. F. An Operating Permit, issued by the Utility, shall be effective for 1 year. The Utility shall not issue a permit to operate a facility until the Utility inspects the facility and determines that the facility complies with the provisions of these regulations. If the inspection reveals noncompliance, then the Utility must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit. The facility owner shall apply to the Utility for permit renewal at least 60 days prior to the expiration of the permit. G. Operating Permits may be transferred to a new facility owner if the new facility owner does not change any conditions of the permit, the transfer is registered with the Utility within 30 days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership. The Utility may review, modify, or terminate the permit to operate the facility upon receiving the ownership transfer request. H. Within 30 days of receiving an inspection report from the Utility , the Operating Permit holder shall file with the Utility a plan and time schedule to implement any required modifications to the facility or to the monitoring plan needed to achieve compliance with the intent of this Ordinance or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Utility . SECTION 12: REGULATED SUBSTANCES MANAGEMENT PLAN A. A Regulated Substances Management Plan indicating pro- cedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a regulated substance shall be required as a condition of each APA permit. If a Spill Prevention Control and Counter- measure (SPCC) plan has been prepared in accordance with 40 CFR 264 or 265, a Regulated Substances Manage- ment Plan is not required as long as all of the regu- lated substances are included in the SPCC plan. B. The Regulated Substances Management Plan shall include: 1. Provisions to address the regulated substances monitoring requirements of Sections 7 and 8 of this Ordinance. seaCOR/001.DOC/28 Aquifer Protec m Ordinance-DRAFT 16 October 30, 1990 Page 29 2. Provisions to train employees in the prevention, identification, reporting, control, disposal, and documentation of any unauthorized release of a regulated substance. SECTION 13: UNAUTHORIZED RELEASES A. General Provisions All unauthorized releases shall be reported to the Utility according to the provisions of this sub- section. All unauthorized releases shall be recorded in the owner's inspection and maintenance log. Such an unauthorized release shall be determined to be an "unauthorized release requiring recording" if the release is completely captured by the containment device. If the containment device fails to contain the entire release, the release shall be determined to be an "unauthorized release requiring reporting. " B. Unauthorized Releases Requiring Recording 1. Unauthorized releases requiring recording shall be reported to the Utility within 3 days of the occurrence. 2. The incident report shall be accompanied by a written record including the following information: a. List of type, quantities, and concentration of regulated substances released. b. Method of cleanup. c. Method and location of disposal of the released regulated substances (indicate whether a hazardous waste manifest(s) is used) . d. Method of future release prevention or repair. If this involves a change in opera- tion, monitoring, or management, the owner must apply for a new Operating Permit. e. Facility operator's name and telephone number. f. The approximate costs for cleanup to be submitted voluntarily. seaCOR/001.DOC/29 Aquifer Protec In Ordinance-DRAFT 16 October 30, 19,, Page 30 3 . The Utility shall review the information sub- mitted pursuant to the report of an unauthorized release requiring recording, shall review the Operating Permit, and may inspect the facility. The Utility shall find that the containment standards of this ordinance can continue to be achieved, or the Utility shall revoke the permit until appropriate modifications are made to allow compliance with the standards. C. Unauthorized Releases Requiring Reporting 1. Unauthorized releases requiring reporting shall be reported to the Utility within 24 hours of the occurrence. 2. The report shall contain the following information that is known at the time of filing the report: a. List of type, quantity, and concentration of regulated substances released. b. The results of all investigations completed at that time to determine the extent of soil or groundwater or surface water contamination because of the release. c. Method of cleanup implemented to date, pro- posed cleanup actions and approximate cost of actions taken to date. d. Method and location of disposal of the released regulated substance and any contaminated soils, groundwater, or surface water. e. Proposed method of repair or replacement of the containment device. f. Facility owner's name and telephone number. 3 . Until cleanup is complete, the owner shall submit reports to the Utility every month or at a more frequent interval specified by the Utility. The reports shall include the information requested in this Ordinance. D. If an unauthorized release creates or is expected to create an emergency situation with respect to the drinking water supply of the City of Renton, and if the facility owner fails to address the unauthorized seaCOR/OO1.DOC/30 Aquifer Protect__n Ordinance-DRAFT 16 October 30, 1990 Page 31 release in a timely manner, the Utility or its authorized agents shall have the authority to implement removal or remedial actions. Such actions may include, but not be limited to, the prevention of further groundwater contamination; installation of groundwater monitoring wells; collection and laboratory testing of water, soil , and waste samples; and cleanup and dis- posal of regulated substances. The facility owner shall be responsible for any costs incurred by the Utility or its authorized agents in the conduct of such remedial actions. E. Reporting a release to the Utility does not exempt or preempt any other reporting requirements under federal, state, or local laws. SECTION 14: CLOSURE PERMITS AND PERMIT CONDITIONS A. No person shall close or cause to be closed a facility regulated pursuant to this Ordinance without first obtaining a Closure Permit from the Utility and a permit from the Renton Fire Department pursuant to the Uniform Fire Code, if required. B. Closure Permits shall be required for all facilities that cease to store, handle, transport, treat, use, or produce regulated substances for a period of more than 365 days or when the owner has no intent within the next year to store, handle, transport, treat, use, or produce regulated substances. During the period of time between cessation of regulated substance storage, handling, transport, treatment, use, or production, and actual completion of facility closure, the applicable containment and monitoring requirements of this Ordi- nance shall continue to apply. C. Prior to closure, the facility owner shall submit to the Utility a proposal describing how the owner intends to comply with closure requirements. Owners proposing to close a facility shall comply with the following requirements: 1. All regulated substances shall be removed from the facility, including residual liquids, solids, or sludges. 2 . When a containment device is to be disposed of, the owner must document to the Utility that proper disposal has been completed. seaCOR/001.DOC/31 Aquifer Protect i Ordinance-DRAFT 16 October 30, 1990 Page 32 3 . An owner of a containment device or any part of a containment device that is destined for reuse as scrap material shall identify this reuse to the Utility. D. The owner of a facility being closed shall demonstrate to the satisfaction of the Utility that no unauthorized release has occurred. This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or immediately after closure activities. E. If an unauthorized release is determined to have occurred, the facility owner shall comply with Sec- tion 13 of this Ordinance. F. Facility closure will be accepted as complete by the Utility upon implementation of the Closure Permit con- ditions and compliance with all other provisions of this Ordinance. SECTION 15: DETERMINATION OF VIOLATION A. Semiannually, the Utility shall review all groundwater monitoring results submitted by owners in an APA to determine if a violation has occurred. Either one of the following occurrences shall constitute a violation: 1. A chemical concentration in an owner's monitoring well(s) that exceeds applicable legally- enforceable federal or state groundwater quality standards. 2. An upward trend in the concentration of a chemical as determined by a statistically based procedure. B. In the event of a violation, the owner shall cease to store, handle, transport, treat, use, or produce the regulated substance(s) containing the chemical(s) causing the violation within 24 hours of receiving written notification from the Utility. Upon receiving written notification, the owner shall be responsible for immediately accomplishing the following: 1. Locate and determine the source of the unauthorized release of the regulated substance(s) . 2. Stop and prevent any further unauthorized release(s) . seaCOR/001.DOC/32 Aquifer Protect i Ordinance-DRAFT 16 October 30, 199., Page 33 3 . Comply with the requirements for an unauthorized release(s) requiring reporting. C. The owner shall not be subject to this mandatory action if the owner can present acceptable technical data that substantiate it is not responsible for the violation. In complying with this subsection, no new regulated substance(s) may be introduced in the place of the regulated substance(s) that caused the violation. SECTION 16: NOTICE OF VIOLATION Whenever it is determined that there is a violation of this Ordinance, the notice of violation issued shall: A. Be in writing; and B. Be dated and signed by the authorized City of Renton agent making the inspection; and C. Specify the violation or violations; and D. Specify the length of time available to correct the violation after receiving the notice of violation. SECTION 17: PERMIT ENFORCEMENT A. The Utility shall be the administering agency and shall have the power and authority to administer and enforce the provisions of this Ordinance. The Utility shall have the right to conduct inspections of facili- ties at reasonable times to determine compliance with this Ordinance. B. The Utility may revoke any permit issued pursuant to this Ordinance if it finds that the permit holder: 1. Has failed or refused to comply with any of the provisions of this Ordinance; 2. Has submitted false or inaccurate information in the permit application; 3 . Has failed to submit operational reports of other information required by this Ordinance; or 4. Has refused lawful inspection pursuant to this Section. aeaCOR/001.DOC/33 Aquifer Protection Ordinance-DRAFT 16 October 30, 1990 Page 34 SECTION 18: INJUNCTIVE RELIEF If any owner stores, handles, uses, or produces regulated substances without having obtained an Operating or Closure Permit as provided for herein or continues to operate in violation of the provisions of this Ordinance, then the City of Renton may file an action for injunctive relief in the Superior Court of the State of Washington for King County. All costs incurred for abatement by the City of Renton, including reasonable attorneys' fees, shall be paid by the owner operating without an Operating or Closure Permit or • operating in violation of the provisions of this Ordinance or the permit. SECTION 19: OTHER LAWS, RULES, AND REGULATIONS All owners within an APA must also comply with county, state, and federal laws, rules, and regulations related to the intent of this Ordinance. SECTION 20: PENALTIES A. A violation of any of the provisions of this Ordinance shall constitute a misdemeanor. It shall be a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted. B. Any owner or operator who shall violate any provisions of this Ordinance shall be subject, upon conviction in court, to a fine not to exceed $500 per day per facility. C. In addition to any fines and penalties set forth above, the owner or operator shall reimburse the City of Renton, for all costs incurred as a result of respond- ing to, containing, cleaning up, or monitoring the cleaning up and disposal of any spilled or leaked regulated substance. SECTION 21: APPEALS Any appeal of a determination under this Ordinance shall be made to the Renton City Council. ac,arnA/nni _nnr/lA Aquifer Protect Ordinance-DRAFT 16 October 30, 1990 Page 35 SECTION 22: EFFECTIVE DATE The effective date of this ordinance shall be 30 days after its enactment. SECTION 23: SEVERABILITY If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other per- sons or circumstances shall not be affected. PASSED BY THE CITY COUNCIL this day of , 1990. Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of , 1990. Earl H. Clymer, Mayor Approved as to form: Lawrence J. Warren City Attorney Date of Publication: seaCOR/001.DOC seaCOR/001.DOC/35 CITY ►F RENT ON Finance Department Earl Clymer, Mayor June 14, 1991 i F. Waldenburger Friedel's Service, Inc. 345 North 3rd Place Renton, WA 98055 Re: Aquifer Protection Ordinance Dear Mr. Waldenburger: Your letter expressing concerns regarding the City's proposed Aquifer Protection You will Ordinance was referred to the Council's Utilities Committee on June 10, receive notification when this matter is scheduled on the Utilities Committee agenda in the near future. Please feel free to contact this office if further information is needed. Sincerely, 111.11 Marilyn J. e'e• •en, CMC City Clerk 235-2502 cc: Mayor Earl Clymer Council President Toni Nelson Lys Hornsby, Public Works Department 200 Mill Avenue South - Renton, Washington 98055 - -June 10. 1991 Renton City Council Minutes Page 200 INFORMATION ITEM The Quarterly Report from the Downtown Renton Association was submitted CAG: 90-109, Economic for Council review. The report outlines activities and accomplishments as Development Services, they relate to the work programs specified in the agreement with the City. DRA, Quarterly Report CORRESPONDENCE Correspondence was read from Priscilla Hill, 5028 Lake Washington. Citizen Comment: Hill - Boulevard NE, Renton, 98056, claiming that a developer had covered a Stream Covered by stream at the Nautica apartment complex, NE 48th Street (near Denny's off Developer, Nautica of I-405), and; that the bank on the property located at 5024 Lake Washington Apartments, NE 48th Boulevard in back of her home is sliding into a holding pond. Ms. Hill Street suggested that'the east end of the stream on the complex be returned to its natural state. ';MOVED BY MATHEWS, SECONDED BY NELSON, COUNCIL REFER THIS CORRESPONDENCE TO THE ADMINISTRATION AND REPORT BACK TO THE COUNCIL. CARRIED. In response to Councilman Stredicke's inquiry, Mayor Clymer stated that an investigation would be made regarding approval authority for changes in natural areas. Vacation: VAC-90-003, Correspondence was read from Jeanne Cannon, et al., stating that property Burnett & Park Avenue owners abutting the alley vacation, North 30th and North 31st Street, N. (Cannon) approved by Council on 1/7/91, request condition two be eliminated which grants property owners the necessary easements to secure access to their property. A memorandum from Planning/Building/Public Works Administrator Lynn Guttmann advised that property owners have paid required fees,;and that the City Code does not prohibit partial vacation. MOVED BY KEOLKER-WHEELER, SECONDED BY MATHEWS, COUNCIL REFER THIS CORRESPONDENCE TO THE WAYS AND MEANS COMMITTEE. CARRIED. Citizen Comment: Correspondence and petition were read from Martin M. Patricelli, 729 Patricelli - Removal of Langston Road, signed by 14 residents from the Earlington community, Hedge, SW Langston requesting they removal of a laurel hedge that they believe to be a hazard to Road ongoing traffic on SW Langston Road. MOVED BY MATHEWS, SECONDED BY EDWARDS, COUNCIL REFER THIS ITEM TO THE ADMINISTRATION. CARRIED. Citizen Comment: Correspondence was entered from F. Waldenburger, Friedel's Service, 345 Waldenburger, Friedel's j North 3rd Place, Renton, 98055, expressing concerns over the impact of the Service - Aquifer Aquifer Protection Ordinance on their existing business, and outlining Protection Ordinance policies instituted by Friedel's Service to protect the environment. Mr. Waldenberger suggested that the City consider evaluating each business individually and institute a grandfather clause which would accommodate businesses with particular needs. He noted that implementation of the ordinance as presently proposed would require that his business seek a new location. MOVED BY KEOLKER-WHEELER, SECONDED BY ZIMMERMAN, THIS MATTER BE REFERRED TO THE UTILITIES COMMITTEE. CARRIED. OLD BUSINESS Councilwoman Keolker-Wheeler presented an oral report from the Utilities Utilities Committee Committee apprising Council of the Sierra Heights sewer improvements LID: 335, Sierra Heights project and the two recommendations of the health department: Sewer Improvements 1) The properties within the City boundaries should be declared a severe public health hazard, and should be served with sewers as soon as possible; 2) Properties' in the County should also be declared as an area of health concern, and residents in that area should strongly consider extending sewers. The State Environmental Policy Act (SEPA) process and project design will be completed by October, 1991, and a full report will be presented to Council at that time. • Parks: Amendment to Referred 6/3/91 - Community Services Committee Chairman Tanner Rules & Regulations, presented a report stating that the Committee recommended Council approve Criminal & Civil the Park Rules & Regulations noting one change to Section 15 for purposes Violations of clarification, and refer this matter to the Ways & Means Committee. MOVED BY STREDICKE, SECONDED BY EDWARDS, COUNCIL CONCUR IN COMMITTEE REPORT.* Councilwoman Zimmerman asked the City Attorney to clarify Section 12, Park Rules & Regulations, whereby it states that it is unlawful to fail to leave the park when directed to do so by a Renton Park Department employee or Police Officer. Discussion followed with clarification by Assistant City Attorney Fontes on the language and purpose of enforcement. *MOTION CARRIED. tom., / ' ... .✓'�. i •l0*u...C...J / • el'infr<•1 I UN CI I `'r ., /ar( To: City of Renton, Dept.of Planning Re: Aquifer Protection Ordinance • We at Friedel ' s Service are having a difficult time trying to put into perspective the repercussions of the Aquifer Protection Ordinance. Thus we are writing our questions, ideas and thoughts to you. We feel we are a viable member of the Renton Community and deserve more than just a "Best for the Community" explanation. Our concern for the environment can best be reviewed by our past and ongoing policies : 1. We have rented our solvent tank from Safety Kleen Corp. ever since we have been in business ,' which has been 20 years at this location . 2. The waste oil ha's always been picked up by a recycler. 3 . Our underground tanks have been removed. At the time of removal none of the tanks , heating fuel and waste oil, had been leaking or were in danger of leaking. 4 . Other bulk materials are stored in industrial containers and are monitored by us continuously. Since we have never had a leak, and our property is either cemented or asphalted over , where is the danger of hazardous waste leaking into the Aquifer? If somehow we did have a spill, how long will it take to get in the Aquifer? In our opinion this is the same as streets and parking lots leaching into the ground. Another concern is that we have been told this ordinance is supposed to be encompassing for all of Zone One. Yet the home owners who have underground tanks are not included in this action. We feel this is not- right to single out a select group of businesses to bear the cost of this ordinance. The other question that comes to mind is , what determines the boundaries of Zone One? Our location happens to be just inside the border of Zone One, across the street from Pac Car. We find it hard to believe that they are not included in this action. We would like to think that politics are not part of this . We feel dealing with each business on a one to one basis should be more beneficial for the City and the businesses . A Grandfather Clause could help a lot of us - provisions being made to accommodate the particular needs of each business. • • • • • If the ordinance goe's into effect as outlined, it would make it impossible for us' to continue in business at this location. Relocating; around Renton in zones compatible with our business would not only be difficult but also very expensive. Compensation for relocation and loss of business should be given. We at Friedel' s Service feel that the environment needs to be protected. Business and the environment can coexist with the proper safeguards. Respectfully, F. Waldenburger of Friedel ' s Service '! - • Copies to Mayor Earl Clymer Renton Council Members Lys Hornsby • 228-4262 FRIEDEL'S SERVICE, Inc. 345 NORTH 3RD PLACE RENTON.WASHINGTON 98055